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^
State Trials.
VOL. xm.
COMPLETi^:^;10llil.ECTION
yy :.-!•-'
State Trials
AND
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FKOM THE
EARLIEST PERIOD TO THE PRESENT TIME,
WITU irOTES AJ^D OTHER ILLUSTRATIOJ^S
COMPILED BY
T. B. HOWELL, Esq. F.R.S. F.S.A.
VOL. xra.
LONDON:
nUNTBD BY T. C HAMSARD. PBTERBOROUOH-OOUIIT, FLBBT-STREBTi
nw LONOHAM, B17B8T, RBES, ORHE, & BROWNE ; J. RICHARDSON ; BLACK^
PARRY, & KINOWCRY ; J. HATCHARD ; E. LLOYD ; S. BUDD ; <
J. PAULDBS; J. BOOKER ; CRADOCK k JOT; S. JBFFBBY;
R. B. STAMi; i. BOOTH ; AND T. C. HANSARD.
1B12.
TABLE OF CONTENTS
TO
VOLUME XIIL
*«* The new Artides are merhed [N.]
Page
SM. The Trial of Sir JOHN FREIND, knt. at the Old-Bailey, for
High Treason, a. d. 1696 ]
386. The Trial of Sir WILLIAM PARKYNS, knt. at the Old-Bailey,
for Hi^ Treason, a. d. 1696 63
%6. The Trial of AMBROSE ROOKWOOD, for High Ti^luon,
A.D. 1696 139
:S7. The Trial of CHARLES CRANBURNE, for High Treason, a. d.
1696 • I • ••»••••• SS2
3S& TheTrialofROBERTLOWICK^forHighTreason, A.D. 1696... S6'
389. The Trial of PETER COOK, at the Old-Bailey, for High Treason,
A.D. 1696 311
900. Tlie Trial of ALEXANDER KNIOHTLEY, at the King's-Bench,
fiirHigliTreMoi^ A.D. 1696 398
391. The Ph)oeediDg8 against the Three Nonjuring Clergymen, Mr.
COLLIEE, Mr. CQPK, and Mr. SNATT, for piAUdy absolr-
ing Sir WilUam VeApm and Sir John Fraind at Tyburn, a. n.
1096 ,.«u..M, , 406
TABLE OF CONTENTS.
Pd5pr
asa. The Trial of JOSEPH DAWSON, EDWARD FORSEITH,
WILLIAM MAY, WILLIAM BISHOP, JAMES LEWIS,
and JOHN SPARKES, at the OM-Bailqr, for Fdooy and Piracy,
A. D. 1696 ^ c 451
393. The T^ of Oq^tab THOMAS YAUGHAN, at the Old-Bafley,
for High Treason on the High Seas, a.d. 1696 486
394. Froceedmgs in Rtfliament against Sir JOHN FENWICK, hart.
upon a Bill of Attainder lor Hijg^ TveasoD, a. d. 1696 538
395. The Case, with the Proceedings against Mijor JOHN BERNARDI,
Mr. COUNTER, Mr. BLACKBURN, Mr. CASSELS, Mr.
CHAMBERS, and Mr. MELDRUM, on Account of the Assas-
sination-Plot, A. D. 1696 759
896. Proceedings agmnst Sir DUNCAN CAMPBELL, and other Hen-
tors of the Shire of Avgyle, lor High Treason, a. d. 1686-1687.
[Nov first printed from the Records of Justiciaiy m Edin-
burgh.] [N.] 787
397. Phiceedings in the P^liament of Scotland against the Viaooont of
DUNDEE and others, for High Treason, a. d. 1690. [Now first
priiMd fircim the Flsrlnmentary Records at Edinburgh] [N.]... 818
398. The Trial of ALEXANDER HALYBURTON and WM. ERA-
SER, frr High Treason, a. d. 1692. [Now first pnnted from
the Beoords of Justiciary in Edinbnrgfa.] [N.] 831
399. FtooeedingB against Captain JAMES MIDDLETOUN and others,
ion High Treason, a. d. 1694. [Now first published from the
Records of Justiciaiy at Edinburgh.] [N.] 849
400. Plrooeediags in the Psriiaasent of Scodsnd lespectii^ the MAS-
SACRE OF GLENCO, A.D. 1695. [N.] 879
401. Prooeedings gainst STHOMAS AIKENHEAD, for Blaspheeajr,
A. D. 1696. [Now first printed from the Reooids of Justiciary
in Edinburgh, and MSS. the property of Lord King.] [N.] 918
402. .The Trial of EDWARD Bari of WARWICK and HOLLAND,
. befoietfMHinwofLoids,fortbeMiirderof Richard Coote, esq.
A. p. 1689 M.i* 999
Pag§
40S. Hit TM of CHABLES pni IfDHUN, btfert the Houie of
Locds» for the Miudte tf Ridbtrd CddCe, em^A.^ 1G09 1034
404. Abrief Aoeomtdf CheTirkI of CHARLES DUNCOMBB, egq.
bifimdie Lotd Chief Jualice Helt, at the King^i-Bendi Bar in
Wfrtininfftf ^iJ^j i^on an Infennatioii for fidae indorsing of Ex-
dieqoer Bills, and paying them into the Exchequer, as if they
had been first paid into the. Excise Office upon that Branch of the
Berenue^, a. d. 1699. [Now first printed from a MS. in the Pos-
kc^theEailctfBadnor.] [N.] 10G8
405. He Trial of SPENCER COWPER, esq. ELLIS STEPHENS,
¥^ILLIAM ROGERS, and JOHN MARSON, at Hertford
AMiies, for the Murder of Mrs. Sarah Stout, a. d. 1699 1106
Hie CASE of SPENCER COWPER, e^q. JOHN MAR-
SON, ELLIS STEPHENS, and WILLIAM ROGERS,
gentlemen. [Published by them in 1699.] • 1190
406. The Trial of MARY BUTLER, alias STRICKLAND, at the Old
Bailey, for Forging a Bond of 4O,000L in the Name of Rob«t
Ckyton, a.d. 1699 ^ 1S60
407. FrDceedmgs in Pkurliament against THOMAS Duke of LEEDS, on
an Impeachment of High Crimes and Misdemeanors, a. d. 1695-
1701 '. 1S6S
408. The Trial of PATRICK KINNYNMOUNT, for Bh^hemy and
Aduheiy, A.n. 1697« [Now first printed firom the Records of
Justiciary in Edinbori^] [N.] 1874
409. The IVooeedings in Pkrliament upon the BiU of Divorce between his
Grace the Duke of NORFOLK and the Lady MARY MOB-
DANT, A.]>. 1700 UBS
410. FiroGeedings against Sir WILLIAM WILLIAMS, hart for the
PtaUicatioo of Dangerfidd's Narrative, a. d. 1684-1695 [N.] ... 1S70
411. Plroceedings i«ahist JOHN Earl of MELFORT, JOHN "Eari of
BflDDLETOUN,. RICHARD Earl of LAUDERDALE, and
several odien» Ibr Treason and Rebdlion, mtidng the Froidi
King to invade diafar Bl^gestiea Dominions, and remaining subject
TABLE OP CONTENTS.
Page
to the FiMch Kuig> A. d« 1694. [Now fint printed from the ^
Records of Justiciary at Edinburgh.] [N.] 1448
41S. Proceedings against KENNETH Earl ^ SEAFORTH, for High
Treason, a. d. 1697. [Now first printed from the Records of
Justiciary at Edinburgh.] [N.] ••. 1446
413. Proceedings against Mr. ALEXANDER PITCAIRNE, a Minis-
ter of the Church of Scotkndy for High Treason, and disowning,
quarrelling, and impugning of his Majesty's Royal Power and
Authority, and Rights and Title to the Crown, a. d. 1697« [Now
first printed from the Records of Justiciary at Edinburgh.] [N.] 1450
A COMPLETE COLLECTION
top
TATE TRIALS,
c Trial of Sir John Fheind/ knt at the Old-Bailey, for
High Treason: 8 William III, a. d» I696.
hmda^^ March 23, 1696,
I»iit0f»- House in the Old-Bailey,
"tic trial of lir JuLn Frriod,
tre]i!>on^ upon an Imlict-
I oy um: fj^nMjti jury for the city of
Ellic sessions ot'oyer and terminer
r«ry of Newgale, on 8aturday
Arraignmenii, Crytr^ make pra>
Ovex, oyt2, oypTj^ All maoner of
i4 Dftf e ttoy ihiuji^ more to do at ibii
•MS of the p«!ace, Kessiotis of oyer
Mr, botd^t) for the cily ol London,
^diifttj of Newgu(e» li'oldt>ii for the
aim and county of 31iddlesex, ud-
ir Id lhi« day { ilriw tiear, and ^ive
Imkvi for now tliey will proceed tti
iC Ibe crowti for I'lie said cily and
ltd God Mf e king Willi auk
r* Make pruclamation ugnln.
Oytat» You good men of the cily of
HamiOftgil to Qppenr hm: this da_\, to
i •or aofereitini lord the kiu|; und
r thftt k to bi* at the bur ; answer to
I a* yon i(h»Il be called^ every man
rati, opoci [laiu und peril tiiut will
I.
« fietly jury urere a)l called o? cr,
Ito
' rhii'f Jiittice
. . Mr, justice
!»>, cume into tlie
■•• rriil cotitlut^nce of
«ij'i ^viaiy liiere (^retietit, the
filt» OH I. £a«t*i Picas of the Crown,
mH. 9. if. 8ec aM, iu this CaU
nae iraporlaiBl ObaerTalious on ihi«i
f4 ErOdiM'i Hprech on the Trial of
Ntfdyt A* ti' ]7t^4. And a Note to
' Ooa rBMaleao t)«i fol. ^, p* iCr6.
HI.
prkouer was ordered tobe hrought to the bar4
which was done accordiojjly,
CL ofAr. Sir John Freind, bold up thy i
hand.
Freind, My lord, I humbly move that 1 1
may have one William Courtney (who h to ba i
a principal witness for me at my trral^t and ia.4
now a prisoner in the Gatehouse) sent for.
L. C. J. (Sir John Holt,) Is he your wit-* |
ne&s, sir John ?
Frcind. Ves, my lord, William Coortoey*^
is his name.
X. C. J. Sir John, why did not yoa send,
and desire this before ?
Fretnd. My lord» ! did not hear of him
while last oig^lit ; and 1 ho tnbly beseech your
lordship, that you will please to let him beseol i
ibr.
The Judges consulted among theraseket.
X, CX Look you, sir John Freind^ Til
tell you, if you'll appi^Hol your arrent to t'Ouio
hither, you shall have an ' Habeaji Corpus ai|
tcstiticandnm^ : hut indeed you mi^^ht have »eut
tliit) morning', and then tlie writ uiig^ht ham
beeu tfot ready -
Frcind. I^ly lord, I did not know so much ;
for ii was last night before I understood that he
wa^i to be a witness.
L* C. J. You mi§ht have sent last night, or
this morniug, and you should have had a war*
rant for the writ.
Frcind, 1 assure your lonbhip^ I did uot
know so much,
L, C, J. Well, send your agent, or your
solicitor, and you shall have a warrant for tha
writ.
Freind, I beseech your lordship that he
may be sent for, and that the messenger may
malcc hastt;.
L. C. X Let your solicitor come to my
clerk, and he shall bavp it.
Fraud. My lord, jf you please to give a.
rule of court for iU I suppose it may b« dona
presently.
S] S WILLIAM IIL
£. C. J. No, DO, 8jr John, it most be by
writ; the keeper of the Gatehouse eke caoDot
briofif him.
Freind. My lord, that will be a longf time
before it can be done ; I desire nothioi; but
that f may have him here to give his evidence
for me.
L, C. /. It will be ^t ready presently ; I
believe he will be here time enough for you to
make use of his testimony.
Freind. But, my lord, suppose he shou!:!
not be here : it would be a great hindrance to
me, and a great injury to my trial.
X. C J. No, no, sir John, you need not
fear any thing of that nature, we are not in
snch haste ; we will not spur you on : but the
warrant shall be made ; and du you make what
haste you can to get the writ, and your witness
brought
[The Lord Chief Justice gave order to Mr.
MasoD his clerk, to prepare a warrant for an
Habeas Corpus, directctl for the keeper of the
Gatehouse, to bring William Courtney imme-
diately hither to give evidenoe.1
CL of Ar. Sir John Freind, hold up thy
hand. [Which he did.]
Yon stand indicted in London by the name
•f sir John Freind, late of London, kut. for that,
whereas there had been for a long time, and
yet is, an open, and notoriously public, and
most sharp and cruel war by lana, and by sea,
had, earned on, and prosecuted by Lewis the
French king, against the most serene, most il-
lustrious, and most excellent prince, our sove-
reign lord William the Third, by the grace of
Ood, of J'Ingland, Scotland, France, and lrelf>.::d
king, defender of the faith, ike. All which time
ihe said Lewis the French king, and his sub-
jects were, and yet are enemies of our said lord
Che king that now is, and his subjects. Yon
the said sir John Freind, a subject of our said
•overeign lord the king that now is, of this
kingdom of England, well knowing the pre-
inises, not having the fear of God in vour
keart, nor weighing the duty of your allegi-
ance, but being moved and seduced by the in-
stigation of the devil, as a false traitor a<;ainst
the said most serene, roost clement, and nost
excellent prince, our said sovereign lord Wil-
liam the Third, now king of England, <^c. your
supreme, true, natural, rightful, lawful, and un-
doubted sovereign lord ; the cordial love, and
the true and due obedience, iidelity and allegi-
ance, which every subject of our said sovereign
lord the king that now is, towards him our said
sovereign \wd the king should and of right
ouffl)t to bear withdrawing, and intending ut-
terly to extinguish, and contiiving, and with all
your strength purposing, designing, and en-
deavouring tlie government of this kingdom of
England, under our said sovereign lord the
king that now is of right, duly, happily, and
Tery well established, altogether to subvert,
change, and alter, and his ^'thtial sobjects^ and
the freemen of this king[dom of England, into
uitolerable and most miserable slavery to the
albnwud Fttath king to subdue ana Iniiig ;
Trial of Sir John Freind^
the first day of July, in theVeventh yea
reign nt' our said sovereign lord the ki
now is, and divers other days and times,
before as after, at London, m the parish
Peter Cnrnhill, iu the ward of Lirae
falsely, maliciously, devilishly, and traitc
did compass, imagine, contrive, pur|)n
intend our said sovereign lord the king tl
is, then your supreme, true, natural, r
and lawful sovereign lord, of and from tli
state, title, honour, power, crown, con
and government of this kingdom of Eng
depose, cast down, and utterly to dopriv
our said sovereign lord the king to death a
destruction to put and bring ; and the ai
Lewis the French king, by his armies, s
legions, and subjects, this kingdom of £
to invatle, fight with, overcome, and sut
move, incite, procure, and help, and a i
ble slaughter among the faithful subjects
our said sovereign lord the king, thro
his whole kingdom of England, to ma
cause ; and tliat you the said sir John Fi
the aforesaid enemies of our said lord tl
that now is, then and there during tl
aforesaid, traitorously were adhering and
ing : and the same your mcst impious,
aud dciilish treasons, and traitorous co
iugs, intentions, and purposes aforesaid t
perfect, and bring to effeet ; and in prose
performance, and execution of that tra
adhesion, ^'ou the said sir John Freind, i
a false trailor', during the war aforesaid,
the same first day or July, in the year
said, at Xondon aforesaid, in the pari
wanl aforesaid, and divers other days and
as well hef(.re as after, there and elscw
London rforesaid, falsely, ma]iciously,a
ly, secretly, and traitorously, and witi
and arms, *&c. with one Robert Chamoc
of high tr<:a8on, in contriving and con
the death of our said sovereign lonl ti
that now is, duly convicted and attaintc
with divers other false traitors to the jur
known, did meet, propose, treat, consul
sent, and agree to procure from the at
Lewis the French kmg, of his subjects,
and soldiers, then and yet enemies of o
sovereign lord the king that now is, grea
hers of soldiers and armed men this king
England to invade and fight with, and t
procure, and prepare great numbers of
men, and troops and legions against o
lord the king that now is, to rise up
formed, and with those enemies, at an
such their invasion and entry into thii
dom of England, to join and unite, n
and war against him our said lord th<
within this kingdom of En^rland, to
levy, and wa^e, him our said lord tli
so as aforesaid to depose, and him
and murder ; aud moreover with th
false traitors, the same first day oi
in the yeai^ abovesaid, at London af<
ia the parish and ward aforesaid,
ously you did consoh, consent, and ai
scod the afortsaul Boberl Chamock as
5J
^or High Trea&on,
t jtm tkm Atfi fiir J oho Freind, and
4tmim9dmr ^mlmrs uiikn^^*^ ^' ^'"*" ^nij into
iiliafdioiis af Klr«iiee, in ul tlie
|lD mpoM to }i
fltl tnml meo nforffesiiil, Ittr the invaMon
I Ml be made; and iuMii«j^i'nce and no-
~ I tlteir trtitlDmus intention!;, and ad-
iffn^ at! the premiKes uniolhc «aid late?
rian»^ nnd iKe siuid ^lUle^^ne-
1 L s, to give and exhibit,
I Si> iDluruj ot fiiher purliculai' things
Of nffeaoMtiiieefl lUprcunln t-etntin>r ; a$ also
Mfifme* Ircini liiem of ihe said intrnd(^d in-
tMB^ aod ofh^r things and ctrcutfigtuncfs
^^■Bvattiif tli€ prnuises Li receive, and the
BSMilPy^u th«f saitd sir Jolin Freind, ami tbe
^^iVA^i^iT traff#r« in this kin'^'iioin of Eii^land^
^■li m^^y, r«OArt and deeluf^, in assistance,
^■aaaMi, mtm aid of the tiaid (enemies of (nir
ail Wi ike kine t^at now ti,tn the >tiir afure-
^il, fell Id iacite 4iid |»riK'iire iliost.' rnrntif^s
ttvaart fm«bly ftod boltU^ ttM
4m i# £i»|vf ftnd ; andthetrt^i- <i-
f«i Q«t»iv»4M:e9, cotn|iiis«siii{7!i, i)na<;iriiUiotiH,
i>f Tuii ibe S4id sir John Freind
1 1A perfect and hdtit ; and all the pre-
■i Omi tfimiier to t'lrecuti', mffiiace and per-
Bt |«Mi tlie ftiid sir John Freind, diii'iu:^^ the
riMHud, so «s aforesaid continued, tu wa,
! tnee fint day of Jnly<t in the ahovesaid
I y«mr of lite reit^n ol our ttaid lord the
kflff ((kit IMW tit, ait li>ndon uforesaid, tn the
fMA«ai| Irani aforesaid, <Al««ly u:m1 trmtor*
Oiii M |f#f)e(ire and obtain to yourself, and
^tmmft ajul Bc^rept o( a <!iertain comniiSHion
• ^i«af^tfr|iurtuig it*elf to be u commis!»ion
Mia m4 &OCU the «tVjivsuid Jan^e;! the se-
flBVl. ytikmi^ of Eni^lftiid, to constitute you,
•i aif lit Jotitj Fretnd» to lie a e<»lonel of
!■«« tbe army by you and the other lals^e
^■■Miac^uist Qiir»uici Ion! the king that nnw
m,wAm ibi9 kin^dt^rn of Enj^^tand to h^ levied
fliifann#4 ; and in nnr«nanee of the natd pre-
iitififfiiiaKion by you ihe said Mr John
o^rtaioed and acceiiied of, and ym\r
all your traitorous intentions
llie«ooo#rtor\ : m, fulHI,
9i avyfSrrf, yuu ibe faid ! ai ur-
^M^|r* nit^tJiasameiD^i u •> 'm .mh v, in the
yc»r abovc^aid, at Lonilon afuiefinid, in
♦ « .,.1 <inri»8aid, r«!sfly, ma!j»i*
illriil^^ I '. , and Iraktorciiisly, di>
iikin aik[l rpulv lO Ijc
^e, and
ud U»rd
And to
d ene-
i<*id iUt? ktw^, lurtignefii and
«a%rrt« and koldo t- of the aai I
*Frr h<*iji^ about to invade
i, »i ami upon tbeir in-
I t4(doni, titen
» selves lij^je-
TU \nu iUr sM'i »u ,»iM8iJ r ri'Mid lo join
aod teutons ta luriDi
did raise, list, and retain^ and did procure lo be
raised, lissted, and reta^ined ; and diners sums of
money, in and about the raising, liatinff, and
retaining^ of the aforetiaid suldtcrs, and man !
arnried, and ready to be armed upon the ac*
count atbre^uid, upon the a(oresaid lirsl day of
Julvt in the seventh year ab^iveaaid, at Londoa
nfofesaiil, in the parish an»l ward aforeiaid,
ialsly, mallcinuitly, and traitorously, ilid gire
and pay, and cause to be paid ; and those so^
diers and men, for the treasons, intefilion^ and
purposes aforesaid, then and there, and Inojf
aikr you had in readioess. As atsn the same
rtrst tfay of July, in the sefenth year nhnvesaid,
at London aforesaid, in the parish and ward
aloresaid, diners borses, and very many arms,
Cfuns, carbine^i pistols, sviords, atid other wea-
pons, ammunition, and warhke thinyfs, and mi-
iilary instruments, falsely, malidoui*Jy, secret-
ly, and trai*orou*ily you did obtain, buy, jj^at her
and procure, and caui>a to be bought, ^^uthered,
obtatnefl and procured, and in your custody
had and diftained, to thai intent to use the fame
in the said invasion, war and rebelfion, against
our said sovereig-a lord the king that no*v it,
hitn our said lord tlie king of and from the ra-
jfji slate, crown and command of this kingdom
uf England to ileposc*, cast down and deprive,
and liim to kill and ninnlcr, and al! the trea* i
sons, intentions, conlrtvances and purposes of i
you the said sir John Freind, as aforesaid, to
fulfil, [jerfect, and fully to bring to effect ;
ai^iiinst the duty of your alk^giance, and against ^
itie pcract of our said sovereijrn lord the kin^
that now is^ his crown auti di^fnity ; an also
aq'alnst the form of the statute in this case
lUiidc and provided.
What nayest thou, sir Johti Freind, art thou
guilty of tlushiifh treaM>o wheTeortlioustaudeil ]
tnrlit'ietl, or not tjuilty ?
Ffcind. Not guilty, my lord. i
CL of Art. Culprit, how wilt tUnu be tried f
Fraud, By Ciod and my country.
CLif Arr. Gvd send liiee a good delirer*
ance.
Freind. I don't know any thing of it, I ata |
OS innocent as the child unb^irn.
The Warrant for the Habeas Corpus %rat
sijjnc<l by the Loid Chief Justice Hoit, and de*
Itvered lo the priso ntr^ who ti-ent it away to tho
Crown OtKcc by hia solicitor, to get l1ie writ '
scaltd.
FrfifuL My lord, 1 have something to mov^e, ,
if your lord^iup please to hear nte, and the rest
of my Inrdn the judges : Thnt rt any uiaHer of
liiw doth arise upon my trial, I may be heitrd
by my counsel, that you may niit deairoy mm
withrvut law.
L C. J. Look you, sir John Freind, If any
matter of law ilo arise at your trial, and yo«a|
will tell us ^liai timt inutler td' law is, and the
court see that it is a matter of doubt, we ran^
and ou^ht, aifd no quciftton Khali asaign yon !
counsel J but tharis tuue euough when sucb'
matter does urise,
Freind, !^1y lord, it is well kuomi to your
n
ft WILLIAM tIL
lordship, and all the coart, that I am not a law-
jrer ; but I hope, as you are of counsel for the
king' as judges of law, so you will be of coun-
sel for me ; for I am not a lawyer, and cannot
know whether any matter that arises be law or
do; aud therefore I humbly beseech your
lordship to be so just and kind, as to tell me
whether it be law or not law, and I submit my-
■elf to your lordship's direction.
L. C. J. Sir John Freind, we are bound to
tell you \ihen any thing of that nature appears
before us, and to let you have all the benefit of
the law that possibly you can have ; for we are
obti{;(ed to be iudiiferent between the king and
you.
Freind. My lord, I don't question it. I
desire also I may have pen, ink, and paper.
L. C. /. Yes, yes, by all means. [And he
had them.]
CI. of Arr, Crier, make proclamation.
Crier. Oyez : You good men of tlie city of
London, summoned to appear here this day, to
■ try between our sovereign lord the king and
the prisoner that is at the bar, who have been
<»tlled,and made default, answer to your names,
and save your issues.
[Then the Defaulters were called over.]
CL of At, You the prisoner at the bar, these
men that you shall hear called, and personally
appear, are to pass betweeu our sovereign lunJ
-the king and you, upon trial of your life and
death ; if therefore you will challenge them, or
any of them, your time is to speak unto them
as they come to the book to be sworn, before
they be sworn.
Critr. Call ThonAas Clark.
Freind, Pra^, Sir, how many may I chal-
lenge ?
£. C. /. Look you. Sir John, you may
challenge, that is, except against 35, without
shewing any cause : if you don't like them to
be of the jury, you may refuse them ; and as
jmany others as you have cause to except
against.
Freind. My lord, I humbly beseech you,
tliat because perhaps I may mistake in num-
bering, that 1 may have timely notice before
the 35 be excepted against, or else it may oc-
casion me a great deal of prejudice.
L. C. J. Sr, the clerk shall take care of
that, he shall inform you how many you chal-
lenge, and you shall receive no prejudice of
that kind, or by any slip in point of form.
CLqfAr. Cryer,calir - "
appeared.)
CI, qfAr. Cryer, call Thomas Clark. (Who
Freind. Pray, Sir, must I not see the gen-
tleman ?
L. C. /. Yes, yes, by all means. (He was
shewn to him.)
Freind, You may swear Mr. Clark ; I do
not except against him. I desire but honest
gentlemen^ and I shall come off, I warrant
you : I am as innocent as the child unborn.
L.C.J. Swear Mr. Clark.
CL qfAr. Hold him the book ; (which was
done) look upoo the priwMier: You shall well
Trial of Sir John Freind^
and truly try, and true deliTeraiioe
tween our sovereign lord the Idng ai
soner at the bar, whom you shall have
according to your efiJIeiice. So help
Ct. of Ar. Nathan Green.
Freind, I except against him.
CL ofAr. Thomas Emms.
Freind, I accept of him for a ji
have nothing to object against him.
sworn.)
Ci, ofAr. Francis Byer. ^
Freind, Pray let me see him (He ^
to him). I do except against him, I
him.
CL qfAr. Benjamin Dry.
Freind. I except against him.
CL qfAr, James Demew.
Freind. I accept him, I havenoth
against him, I would have him to I
man.
Demew. My lord, I am not a f reel
L. C. J. Sir John, do you challen^
remptorily, or do you challenge him 1
Freind, My lord, I do not challen
all, 1 accept of him.
AU. Gen, (Sir Thomas Trevor.)
no freehold, we that are for the king
cept against him , for I would not
body that is ibt a freeholder serve
jury.
CL ofAr. Henry Hunter.
Freind, Pray, my lord, is this {
that was called before hud aside ? He
tliat I challenge.
L. C, J, No, no, he is challeng
kinpr's counsel, as no freeholder.
Freind, Then he is only set aside, 1
I speak it for this reason, I would nc
taken in my number.
L. C. J, Care shall be taken of all
is not to be reckoned as one that
lengcd, he is challenged for want oj
by the king's counsel.
CL ofAr. What sa3r you to Mr. ¥
Fremd. I accept of Mr. Hunter, 1
swore. (Which was done.)
CL qfAr. John Cox.
Cox, My k>rd, I have no freehold ii
An, Gen. Then let him be set asid
CLoJAr, George Bodinffton.
Freind, I except against him.
CL qf Ar. John Hedges.
Freind. I except against him.
CL qfAr. You challenge him, Sir
Freind, Yes, yes, I do.
67. qfAr. John James.
Freind, I challenge him.
CL qf Ar. Thomas Poole.
Freind. I accept of him. (He wi
CL qf Ar. Peter Parker.
Freind. I accept of him. (He wi
CL f^Ar. George Grove.
Freind, I except against him, fc
him not in my pannel.
L. C. J. How conies that P
Freind. I can't tell, my lord ; I 1
kept alone while Satniday last, only
9
fur High Treason*
Jin Mr, Baker, the \\m-
f) WAS mlU me to give me
[b Wyersdale,
btiiieuee him,
'smtifrf Bbwitt.
Uilili li^^tr hi III.
'i>hn Wolfe.
1 «io assure yon I lia^e Liim not
' Ujjon my Honl. I clialleti^re
I Jaclfsoiu
f of Kirn* (H« was sworn.)
ktiiel Jjotig',
' of him. (He was sworn.)
rd I'lii^welK
i _ uge Um.
mi»^if^e Child.
nBcent of him* (He was sworn.)
t WiBiiieu Walker.
of Ijirn.
Willi.
him,
5>ert.
IIQ.
I.
(He was sworn.)
n
Sir, he i& not in my pannel, upon
r. tic is tn the original nannet.
BluribiJit^'Ajim, M)^ hinl. Liei^ U the
teeel, tnU here^s his name here ;
I moi m person in this paiinel^ but
■aCV>^l> put i<)<i e\ci<pt it he about
Mlbt «ii4l, aiifl this is none of them.
IdMllMiipehini.
I^TIlomss Hollis. (tie did not
^Hnr« Sir John, who had you that
^BUo |(tiv« It you ?
^K ISoticiiur.
OM, My lord, be bad none froru
mmr: I receifeil the panneJ from
It ImI Dobody, irom sir John, was
B9 Ibr • copy.
My Kird, uiy snlicttor brought it to
larday itta^ht.
W ho » }'<»ur solicitor that gftre you
His nmme is Mr. Burleigh, my lord.
» Wh«r«t« hef Let's see this Mr.
r lonl, he is ^one to the Crown-
, for the Habeas Cor|fus.
It IS your own Miilicilor that
' no yiHi, if it be m.
!• Hallis. (He did not ap-
ITt sir Joho Frttnd, how many
tny lord ? Would ynu
llMifroMUiy 1 httve in numlieri*
Ife mOB&et uk your copy of
A. D. 1G96. f 10
SlittufT Burking/nim. In the pannel there
are nhove fourscore.
Frcind: I ha\rescienty-one,aiylord. [Then
Thomas HoHis appeared ]
C7. of Ar, L>o you challeug^p htm, Sir ?
fcJh, Buckingham. Pray hi tht* Stvi*iifJary
produce lus punuel that iVe had from my bro-
ther and me, and I am surt^ the court vtill (ind
they were all uumeil in that pannel.
j^lr. Trotmariy My lord, I have the pannel,
but ihey never came to me for a eopv^ as [ ex-
pected i J had ^iit Ohe ready ; it sir Jidm
Freind, or usiy p**(>r»n hir him> hud sent to me,
they nnght have bad it.
h\h Bucktrtgham. And these people that are
not in sir John Freind's pannel, are none of
the balf-flozen that ii ere added, >4 hen we came
to the ktioHl«.ilgeof them that they were free-
holders.
L C. X When were thry added, 8ir ?
Sh. Buck, Tlipy were added on Friday in
the nfiernouu, aiid it seems he never came for
the pannel to the proper officer ; and those
that lie objects against were not added, hut are
in thporiijinal pannd.
L, C, X Truly, I cannot see any body is to
blame in this matter but your own ibolicitor.
Mr. Trot man. My lord, 1 assure you 1 had
made a copy, iiud wondered I did not henr of
them : J fh» nut know wbere he [^nt this copy^
L. C J. fttti/. Jn truth, if yciu wonkl not
send loiheprnper officer lor a c*tpy, when you
mif^ht have had it, you must be content vvith
what you ha^e; tor noho^ly h bound to give
you a copy, UTde*s you ask for it.
L. C. J. Well, what suy you to Tbonaai
Mollis?
Fret nth 1 challenge him, my lord, for he is
not in my panueL
C7. f»/ -*1^. J^^hn Sher brook.
Freind, I accept of biui, (He was sworn.)
CL vf Ar, Jauies Black well.
Frand. He is not ill my pannel, upon my
word, u\y lord,
X. C. X 1 cannot help It, be is in the sherilf ^s
pannel iliat !•> returned here.
Ff tint/. 1 c h a I lenjje hi m .
C7. of' Ar. 'llioinas Cwardner,
Freind. 1 accept of him,
Guidner, My lord, I ann no freeholder in
the city.
Just. Roktb^. Mr, Carclner, have you not
lately c<iuveyed away your freehold f
Gardner. No, indeed, my lord, 1 never had
any.
Cl.ofAr. Wiliiam Prince.
Frvind. 1 accept of him. (He wasswom.)
CL ofAr. John MiuKins.
Frnnd. I challenge him.
CL of'Ar. Robert White.
Fremd, I challenge him*
Ct, of Ar. Josepli More woo J.
Frtmd. I accept him ; his name is John, 1
sumMMe, for ku it is in my pnneh
CL qt Ar. No, it is Jo«H:pb.
ASarrtcood, My name is Joseph*
Freind, Well, Sir, 1 accept of you, 1 don*l
llj 8 WILLIAM IIL
quertkHi bat yoa are ao honest man. [He
wan sworo.]
CI. of At, C'ryer, countez. Thomas Clark.
Cr\ftr, One, &c. [So of the rest to the
last.] — CL of Ar. Joseph Morewood.
Cryer. Twelve good men and true, stand
together, and hear your e?ideace.
The names of the Jury were these: Thomas
CUrk, Thomas Emms, Henry Hunter, Tho-
mas Poole, Peter Parker, Samuel Jackson,
Nathaniel Long, Creorge Child, William Wal-
ker, John Sherbrook, William FriDce, and
Joseph Morewood.
Cl. of Ar, Cryer, make proclamation.
Cryer, Oyez. If any one can iut'orni my
lords the king's justices, the king^s serjeant,
the king's attorney- general, or this inquest
now to be taken, of the high-treason whereof
the prisoner at the bar stands indicted, let them
come forth, and they shall be heanl ; for now
the prisoner stands at the bar upon his de-
liferance; and all others that are bound by
recognizance to give evidence against the
prisoner at the hwr, let them come forth and
give their evidence, or else they forfeit their
recognizance ; and all jurymen of London that
have been called, and have appeared, and are
not sworn, may depart the court.
CL of Ar. Sir John Freind, hold up thy
hand. (Which he did.) You that are sworn,
kK>k upon the prisoner, and hearken to his
charge : he stands indicted by the name of sir
John Freind, late of London, knight (prout in
the Indictment, muiatii Mi//auJ<«J, and against
the form of the statute in that case made and
provided. Upon this indictment he hath been
arraigned, and thei-eupon hath pleaded Not
Guilty, and for his trial hath put himself upon
God and the country, which country you are ;
your charge is to enquire. Whether he be
^ilty of the high-treason whereof he stands
indicted, or not guilty ? If you find him guilty,
Jou are to enquire what goods and chattels,
inds and tenements, he had at the time of the
high-treason committed, or at any time since :
if you find him not guilty, you are to enquire
if ne iled for it : if you tiud' that he (led for it,
you are to enquire oV his goods and chattels, Vi%
if you had found him guilty: if V4>u find him
not guilty, nor that he did fly (or it, you are
to say so, and no more, and hear your evi-
dence.
Mr. Montague, May it please your lordship,
and you gentlemen ot the jury : this is an in-
dictment of hi;xh-treason, tiiat is hrnui^ht
against sir John Freind, the jtrisoner at the liar,
for assiociating with, and aiding the king's ene-
mies, with a dcKigii to procure an invasion tr<iin
France, and to raise a rebellion within this
kingdom ; and this was to deposo the king,
and to restore the late king James ; and in
onler to the eO'ecling thi'.se his u irked pur-
poses, the indirtment sets lorth. That the 1st
of July last, he did meet, and con-iulr, and
•g^ree with one Mr. Charnock (a gentleman
since tried, convicted and attahiteu of high-
tnaaoD}| hovr they should procure an army
Trial of Sir John Freind^
[1
from France, to come and invade thiskia|
dom ; and sbouki raise a suflicient nnmberi
men to facilitate the landing of the FrsMl
and the indictment particularly chams ll
prisoner at the bar with sending Mr. Cnanitd
into France, to the law king James, to aeqnsa
him with the design, and to desire him topN
cure a great number of Ibrces from the FrsM
king, to come here, and land within this kii|
dom : and the indictment does likewise cImiI|
hiui with procuring and receiving a oommi
slun from the late king James, to couatiM
him, the prisoner at ihe bar, a colonel of hom
and likewise with laying out, and ex:pendi^[
a:id paying several sums of money id lislii
and kee|Mug soldiers and men in pay noil
him, which were to be in his regiment; m
w ith laying out several sums of money in bq
ing arms and horses for this inyasioD and v
belliou that was tlius designed to be made, M
raised within this kingdom. To this, gen
men, he has pleaded not guilty : we shall ii
our witnesses and prove the fact, and wmi
not doubt but you will find him so.
Freind. Prove this if you can; itcauM*!
Att. Gen. 31ay it please your hMrdshif
and you gentlemen of the jury : the prisQa
at the bar^ sir John Freind, stands indioted i
high -treason, in compassing and imsmii
the death of the king, and likewise in adnerk
to the king's enemies.
Gentlemen, the overt-acts laid in tlie i
dictment to prove this treason, are these:
That the prisoner at the bar did aoocpl
commission iVom the late kin<^ James, to lai
a reg:imcnt of horse in this kingdom, in Old
to jom with the French when they invaded I
and there were several meetings and consolh
tions between him and several others who
you will hear named by the witnesses ; upc
which it was resolved to send a roessentfc
one Charnock, into France, to desire the la
king James tu prevail with the French Idng t
get a number of men, in all 10,000, witn i
assurance that they would assist him wilb
number of horse when he came : and in pn
suance of this design, the prisoner at the hi
did raise men, and pay some sums of aioa|
((ir their subsistence, and listed, and had tlMj
in readiness ; and provided horses and ani
These are the overt- acts laid in the indictmcAl
the evidence that will be produced to yoo, I
proie this treason, and these overt- acts, «l
be in this manner.
Cientlemen, you will see by theevidencetb
there has lieeu a debign and conspiracy ob fb
for several years to assassinate tne king's pfl
son, and to have an invasion from Fi'unce
that time, by armed force here to subdue tfc
kin4rdoni. The pri*«oner at the bar, sir Jol
Freuid, I think about two years ago had a cOC
mission sent him from the late king Ja0H
to raise a regiment of horse : there was sevd
other commissions sent likewise, but one *
sent to the prisoner, whteh he accepted of ; •
in pursuance of it, he apjNiinted several ^
cerS| and listed several uien for that pni|i0
Jbr High Treason
ims of money for the
of Ihfm.
iti Will bear that \m lieutenant
Rfn ' * ; ijor was
Blftter ; ftnd tl nasa
t, aiiid !"• ' V I', .-.iiig" in a
lerg;jiiit : I rerusf>d to taie
Clneol i,. , . ;;;s was une Evans;
bCNI WiA annttHr; »ntl ttiere Here
wliom vou will hear
, that wero an pointed,
llip rriiiruent.
rby llieifit-
f, tliey Ua^-e
iiilift ot' nieo, there
between the prison^r
other jiersonx, in order
|»eiifoci Of?er to get forces from
hBwmdtP thh kingdom. The firnt
will henv (A\ was ^t the Old
in L^deuhali-strect, and
iia prisont^rat the bar, nw
y lord Moiil^Timerj, sir
llliam Perkins, !\Ir.Char-
Gondemneil and executed
;Aifirdering tlie kingf,) Mr.
' k. A I thnt meaing you
ikbatcs were, iind what
l«r s^reral debates, who
lli6y resolved to send Mr.
to ^ mlo i^rance, to desire the late
I lo fl€ 10^000 men of the Frf^iich
mir poasis, about 8,CK>0 icot,
ckoci^ n- '' '■ IIS ; and they did
iLj' m assure the late
t Ul, whenever be
r r^f^^ ready to as-
inu lucFa^and borse amoog
leo, Mt, Chariioek umler-
meiisa^e : about a week
fnr \\f \\i\< ui'wWXiu** frt
i^mod, ^'' a full
\c< ileraen
l» tbat bf- lUTC^iit salislj
would c^'itiiinly do.
ml a week aftei'i and that
Jttmes'it-9treet, near sir
one Mrs. Monfjoy's;
the bar, my lord of
-me con I [may that
^ — nd Mr. Charnock
i In ^gree to wImU had
J before; for he
^ * " ■ t nit
1^ A
uil
? Jamey,
f! ..... .^Ly bad
\\w tifne when
irJuna
iiidcrs;
whca
iigfljuid
.i they
A. D, 169a [ri
discours<?cI thit matter, the people being, as ibey ^
Baidt generally dissatis6cd, and but few forces ^
io Eni^'^tund to oppose them,
Mr. Charnock accordingly went over into \
France, and about a montli atier returner!
a^ain, and acquainted tlieui that he had toM
kmg^ James their resolution^ and b<»w they
would asKijit hius and what they desired of ^
him ; aiidfin short, had detiveredliismesfag^e:
but what king James told him, he thanked
them very much for their kindness aoil readi-
nesa to as>iist him ; but at that time the French'
king could not spare any forces, nor coulil it be i
ati that summer^ and so there was nothing t<»l
be done ; and thereupon it rested lill the Us^
winter, i
Then gentlemen, you will hear, that the last ]
wintfTthe design was renewed a^ain, about Ja«
nuary last ; for sir George Barcley tv^ _ic over
from the late king, being a lieuleniJk^ in hii (
g\>ards there, and then they entered into a con-
si piracy to assassinate the king ; and that was
to be clone first to facilitate the invasion, wbicU
was to follow immediately upon the execution
of the assassination: For they thought ihej?
could hive no assurance of success in their lu^
vasion, as bug aa the king lived j and I hope
every one will lake notice, how precious that
lite IS to us, when it is so apparent to all the
world, that our enemies cnnnot hope for any
success to iheir eoteqirizes and designs to de-
stroy us, but by taking that litb away.
Gentlemen, this very conspiracy, you will
hear, the prisoner at the bar was acquainted
with, and privy to, eveu ibis assassmatiou ;
though indeed you will hear he did not much
approve of it, because he thought it would be &
disscn'ice to the lateVmg^^s affairs ; but he wa«
at serei-al meetiags wilh IVIr. Porter, and Mr.
Charnock, and sir William Perkins, a»d eeveral
others that were conspirators in that design,
;md wa^ acquainted with il, as you will bear by
the evidence*
Gentlemen, yon will hear further, that aboul
Janunry last, the invasion being intended to be
?tnckly made, the prisoner at the bar< sir John
'rciodfhad frequent meetings with Dlalr, that
was lieuteoant-colouel, and other ofBcers, to
consider and prepare how to be in a readiness,^
About that time the prisoner at the bar, captain* ]
Blair, and one captain Ridley, met at a place
in E jcch an ge- alley, and there they discoursed
among one another; and there Ridley said
there was a considerable Roman Catholic
that waa sent to king James^ and \m would'
bring the last orders ; and bir John Freind'
said he knew of it very well, it was so, and'
be hoped he should have them brought very'
quickly. <
At auother time, the prisoner at ihe bar, and*<i
Blair his lieutenant-colonel, met at Jonathan'*
coffee-house, and the prisoner took him un in '
his coach, and carried him along with hitn,
and there they had a great discourse of the
aflkirs of the regiment. The prisoner at th«
bar, sir John Fretnd, told Blair they must be
very good bu&bands of their money : for If tht '
15]
S WILLIAM III.
Trial qf Sir John Freind,
[1
invasioD iliould miscarry, he should not have
inooev enough to carry on his trade, but he
ivoulcf take care about some officers that had
not money to mount themselves ; hut a great
many were to prepare for themselves at their
own charges, and for those that were to be
under them. They had likewise then some
discourse about the Toulon fleet coming about,
and that he thought it not advisable till the
Toulon fleet came round. He said he would
not put a foot iu the stirrup till that were done ;
and that he would keep out of the way till all
was iu a readiuess, and advised captam Blair
to do so too.
Gentlemen, you will fmd it further proved,
that about May last, the prisoner at the bar paid
20/. to this captain Blair, who had laid out
monies in the aflairs of the regiment, and this
was to reimburse him what he had so laid out ;
and it was in this manner : You have all heard,
I suppose, of one colonel Parker, who being
taken upon his coming over from France, was
a prisoner in the Tower, but made his escape
from thence, to which escape the prisoner at
the bar was privy. This escape cost 300/. as
you will hear, and the prisoner laid down 100/.
of it. But this was to be repaid him ag^in:
but how was it.^ There was one Johuson a
priest, a conspirator likewise in this design of
assassinating the king, and he undertook and
promised, that the late king should pay this
100/. And accordingly one Piggott went over
into France, and had this 100/. paid him by
king James, to repay it to sir John Freind :
but ne thought flt to keep the money, and sir
John Freind could not ^ei it of him, and he
durst not ask it, because he knew the considera-
tion was not flt to be made public. But he
told captain Blair, I cannot pay you the money
out of my own pocket ; but Pio;gott ouj^ht to
pay me, who has received this uioney ofmine.
It you will prevail with Johnson, who got this
money from the late king to be paid to Pi^gott,
to persuade Piggott to pay this 20/. 1 will allow
it in part of the money he is to pay me, and
you shall have it. Captain Blair did prevail
with Johnson to persuade Piggott to pay this
SO/, and cajitain Blair did receive it, and sir
John Freind did agree to allow it to Piggott
out of the 100/. due to bitn.
Gentlemen, at another time, about Christ-
mas last, there was another 20/. paid by sir
John Freind's order and direction, by Piggutt
to Blair, u[)on the suiuc account, by the me-
diation of Johnson the priest ; and this was
paid and allowed, as being laid out in the aflairs
of the regiment before, he being intrusted as
lieutenant -colonel to look atler the regiment.
Gentlemen, I have now opened the substance
of the evidence; the particulars you will hear
from the witnesses themselves. If I have
opened it amiss, you will take care, when the
witnesses are proiluceil, to observe what they
say, who wi>l tell yon what really was done,
and \\\\\ rectify any mistake of mine: for I
would have no such mistake to do the prisoner
•t the bar any prejudice.
Sol. Gen. (sir John Hawles). Gentltnia
Mr. Attorney has opened the nature ud cow
of our evidence so fully, that I shall malm ■
repetition of any of the particuhirs; but ^
our witnesses, and prove it in order as it W
been opened. And first, we call captain OtiM|
Porter. [Who came in.]
Freind. BIy lord, before Mr. Porter is swan
I desire to know whether he is a Uoman Oi
tholic or a Protestant?
L. C. J. Why do you desire that ? Is not
Roman Catholic a witness? Though be be
Roman Catholic, that is no objection to hb be
ing a witness.
Freind. My lord, I desire to ask him th
question, whether he be a Roman Cathtii
or no?
L, C. J. Sir John Freind, it is not a prop
question.
Freind. My lord, a man ought to know wli
profession they are of, that are witnesses agiin
nim for his life.
L. C. J. Will you ask him whether he bt
Christian or no ?
Freind. My lord, 1 desire to know wkatb
he be a Papist or a Protestant.
Jtt. Gen. If Mr. Porter be willing toll
yon, he may ; but it is not a proper qnrslic
L. C. J. Especially before he is sworn ; |
is not intitled to ask any questions wbateti
till he be sworn.
Freind. My lord, I beseech you let iiie fan
the question answered.
Soi. Gen. Sure you don't consider, that ll
answer to that question is to accuse hioMill
you don't consider the consequences of it.
Freind. Pray, my lord, let me have fli
right.
L. C. J. The question is, Whether it if jm
right or no ?
Freind. Mv lord, I would not trouble tl
court if I could help it, but my life and all is i
stake, and I must make the best defenca I csi
X. C. /. Indeed your question is improfii
iu itself; but if he nave a mind to tell yoi
and answer voluntarily, he may.
Freind. I humbly be^ your lordahip thi
he may answer the question.
L. C. J. I cannot see you have a right ^
have this question answered you. !
Freind. Mr. Porter, you are a gentleoMI
and I desire you will answer, Whether yoa I
a Roman Catholic or not ?
Sol. Gen. Before he does answer, I d«l
he may be acquainted with the danger : he HI
bred a Protestant, no doubt, and then tamil
Roman Catholic, he subjects himself tO( a ?«
severe penalty.
L. C. J. i^lr John Freind, I told yoa yoi
question was not proper to be asked.
Freind. Pray, my lord, let him answer tl
question, it will be of great use to me in ■
trial ; pray let me have my right.
JL C. J. You shall have all the right ta
you that can be; but in the first place, if.
man be a Roman Catholic, notwithttaiidiaKli
rdigioD, he is a good witoeai : and beMdci tM
jbr High Treatoih
lif uwwcring the question may sub-
» screral peualties; at least be is
•ecnCkiD upon several acts of par-
t are rery penal ; and therefore it b
• to be asked.
Bly lord, 1 pray only that he may
question.
No man is bound to answer any
St tends to make bim accuse bim-
ect him to any penalties.
M^ lord, I do with submission de-
it Ts no f^reat matter for him to say
he a Papist or Protestant.
If it be uo crreat matter, then why
It upun it T But perhaps it may t>t*
ter in the consequence of it to him ;
pfore, is not obliged to answer any
MIS.
I beseech your lordship, let him
question.
You have my opinion ; if you will,
i¥e the opinions of the rest of the
opinion is. That the question ought
9wered.
Treby. Since your lordship's plea-
it we should deliver our opinions
oint, I must declare, 1 am of the
>D. that no man is bound to answer
nsthat will subject him to a penalty,
f . If you should ask him, whether
Jeer- stealer, or whether he were a
ir any other thing that will subject
lishmeot, * either by statute or by
w, whether he be guilty of a petty
tbe like, the law does not oblige
irer any such questions.*
Well, I hope the jury will consider
; will not answer the question ; and
bey are to take it for granted that
Trefy, And now to this present
I ask a man whether he be a Fopish
is to subject him to danger: for
ask him that question, if he were
IP in that relijgion, then for him to
If of that religion now, is to own as
me as that you are charged with,
not si>, but he was always bred in
HI, yet there are very great penalties
luhiect to, as, the confiscation of two
of his estate, and several other things
IT be liable to, if he should disclose
liis answer to the question, which
bis discovery could not "be proved,
We must keep the law steady and
een tbe prisoner and tbe witness,
'm/. I am of the same opinion, it
ct bim to a penalty ; and unless he
Urily answer it of himself, I think it
demanded of him : for he may sub-
tf to a prosecution by it.
!sMy. I think, it is not a question
if r^t be imoosed upon him ; be
111; but he is under no
A. D. 1699.
[18
vii, if be will
UU.
ooDocfumilf
e. 9. a. S.
this in
obligation to answer it, because it may tend to
accuse himself of a crime for which he may be
prosecuted, and likewise will subject him to
other penalties, which the law cannot compel
bim to subject himself to.
(Then Captain Porter was sworn.)
Freind, 1 hope, gentlemen of the jury, you
will consider this.
Sol. Gen. Mr. Porter, do you know sir John
Friend, the prisoner at the bar ?
Capt. Porter. Yes, Sir.
Sol, Gen, Pray then will you give my lords
and the jury an account what meetings you
have had with him, where those meetings were,
and when, and what passed between you, about
inviting the French over hither, or for a rising
here?
Porter. My lord, about the latter end of
May last, or the beginuing of June, we had
two meetings; one was at the King's- Head,
in Leaden liall- street, and the other at Mrs.
Mountjoy's in St. James's-street. At the fu-st
meeting there were present my lord of Ailes-
bury, my lord of Montgomery, sir John Freind,
sir Wm. Perkins, sir John Fenwick, Mr. Cook,
captain Charnock, and myself; afler dinner
Mr. Goodman came in : now at both those
meetings it was consulted of, and agreed, to
send captain Charnock into France to kine
James, to desire him to borrow of the French
king 10,000 men to come over hither, 8,000
foot, 1,000 horse, and 1,000 dragoons. Capt.
Charnock said, he did not care to go upon a
foolish message, and tlieretbre desired to know
what they would have him to acquaint kins^
James with, and assure him of. They au
agreed to meet the king whenever they had
notice of his landing, with a body of 2,000
horse; of which every one in particular was to
bring their quota wherever he would appomt.
Att. Gen. When was the second meeting?
Porter. That was at Mrs. Mountjoy's.
Att. Gen. But I ask you when it was ? How
long after the first ?
Porter. I believe it was about a fortnight
after, or so.
Att. Gen. What was that meeting for ?
Porter. The second meeting was to confirm
the first Captain Charnock informed me,
that he was to go within three or four days,
and therefore desired to have a meeting before
he went.
Att. Gen, What discourse was there at that
second meeting P What occasion was there
for it ?
Porter. Capt. Charnock desired the meet-
ing once more before he went, to see whether
we all kept our resolution.
Sol. Gen. Pray, what do you know of air
John Freind's agreeing to raise a regiment of
horse?
Porter. I know nothing of that matter, bat
what I have heard several people talk ; but I
have heard him say, he. would be as ready as
auy msn, whenever the king came ; and I have
heard from capt. Chamocki aad fic^ia tir Wil«
C
19]
8 WILLIAM UL
Ham Perkyni, that he had a commissioti to be
a colonel of horse.
Att. Gen, Pray, Sir, upon that second
meeting, who were present ?
Porter, 1 told you, Sir, the priioner at the
har was present at both meetings.
SoL Gen. Who else were there ?
Porter, My lord of Atlesbury« sir William
Perkyns, capt. Chamock, and I cannot tell
whetner my lord Montgomery and Mr. Good-
man were there ; Mr. Cook and myself were
there ; but the prisoner at the bar I am sure
was there.
Sol. Gen. Pray, capt. Porter, will you re-
member and recollect yourself, who were at the
iSrst meeting P
Porter, fhafe named them already, Sir.
SoL Gen. Name them again then.
Porter, My k>rd of Ailesbury, my lord
Montgomery, sir John Freind, sir William
Perkyns, sir John Fenwick, capt. Chamock,
Mr. Cook, and myself ; we dined there, and
after dinner Mr. Goodman came in.
Att, Gen. Pray, Sir, when ^d you see Mr.
Chamock afler tnis, and what discourse had
you with him about his journey, and the suc-
cess of it?
Porter. I never saw him till 3 or 4 days
after our riot business in Drury-Iane, upon
the account of which I hail been a prisoner in
Newgate. ^
/ Att. Gen. Well, and what did he say to
you?
Porter. He told me that he bad been in
France, but that king James told him, the
French king could not spare so many men that
J ear ; and withal, that he bad been with sir
ohn Freind, and the sereral other persons,
with messages from the king ; but 1 do not
know whether he had been there or no, only
as he told me, that he had been, and brought
that answer.
Att. Gen. Pray now tell us, what other
meetings you have had about this matter thb
winter?
Porter. I was once with sir George Barcley
and sir John Freind, at the Nag's- bead in St.
James's-street; 1 cannot tell what discourse
they had ; they whispered among themselves.
Att. Gen. Who else was there r
Porter. There was sir George Barcley, sir
William Perkyns, myself, Mr. Terguson, and
•ne Humes.
L. C. J. Where was that, do you say ?
Porter. At the Nag's -head in St. James's-
street
Att. Gen. Was there any body else there
that you can remember ?
. Porter, Capt. Chamock came in after dinner,
but I cannot say he dined there.
Att. Gen. And who else do you remember ?
^ Porter. There came in one Harrison after
dinner; he is a reputed Romish priest, and goes
by the name of Johnson.
Mr. Mountague. Pray, capt Porter, what
was that meetingfbr ^
.JPsHir. Tliey bad ftrcnl wl
Trial of Sir John Freind^
among themsdf^, but what they dis<
1 cannot tell.
Mr. Mountague, Pray, did sir Jol
say any thin^ that you heard at that
Porter. Sir George Barcley did
some people that were not so violent hi
over mto France to stop this busine
which, said 1, 1 hope you will have
to-night Upon which sir John Fr(
is there any thing that is hul behind
tain ? If there be, I am not fairiy dea
I will proceed no further.
Att. Gen. If ur John Freind has
ask him any questions, he may.
L. C, J, Pray* cant Porter, let mc
this question. Did all that were ores
first meeting, at the King's-bead in
hall-street, agree to send Mr. Char
France to the late king ?
Porter. Yes, my lord.
L.C.J. All of them?
Porter. Yes ; we desiied captain <
to answer to the king for us that we w*
him at the head of S,000 horse.
L. C, J. Did sir John Freind agrc
Porter. Yes, I do positively affirm
L. C. J. Then the second meetinf
you say, was at Mrs. Mountjoy's, i
said then ?
Porter. We did agree all, That ca
nock should go on with the message
resolved upon at the first meeting,
would go on with the business ; and I
would go away in two or three days.
Att. Gen. Will sir John Freind as!
questions ?
Freind. I will only ask him, if
done, whetlier he has any thing mon
Porter. No, Sir.
L. C. J. The king's counsel have
him.
Freind. Then, m v lord, I will hea
can say, and when I have heard thei
denoe, I shall know how to answer t>
L. C J. Before you go, captain
would ask vou, what answer Mr.
brought bacK from France ?
Porter. I say, I did not meet wi
Chamock, until after I came out of
for the riot business ; and then he to
had been there, and he had acqui
several gentlemen with the messagi
brought from king James, who tba]\
for Uieir kindnesses; but the Fre
could not spare so many men that ye
Sol. Gen. Then the next that ^
Brice Blair (Who was sworn.) Pn
you know the prisoner at the bar,
Freind?
Capt. Blair. Yes, my lord ; and
sorry to come on such an account as
against him. I am sorry fir it wi
Att. Gen. Well, Sir,prav wUl yc
aooount what yon know or sir Job
having a oommiMon firom the late
a colMid of hmei ui wkai it was,
ft^ High Treason*
I nj ktnl and the jury ihe whole
All ikai f C90 my to this business in
I ttj Pt]itr, and 1 refer to my puper.
(tfti Y#ii naufit not refer to your paper,
tcjl mil what you know.
% R»iii«jr took upOD any paper to
1 4k^ tte ihe commissiouy Sir, and I
L
Its* WbaS cofnmtflsioii was it, Sir?
ii inM R eommiMni from kiDir James
id.
Where did you see it. Sir ?
m ii m M» lodgings at the Strand,
firad otiff the Straud, io Surrey*
trm. Who shewed it voa f
Ha ahewed it me himself.
Int. What was it flir ?
^J^ waa fbr raising a regiment of
^HWbeo was it that you did see it ?
^■|i»wia itf
^yii wiell near two years ago, or
^ as 1 remember
>■« Who was to have beea colonel of
Mfltr
Ha was oominaled to be colonel of it
I liie eooimisKion.
X Who was the commissioo di*
directed to him, to sir John
PI Wdlf aiid wliat was doue upon it P
vtobelhaoflicera?
Ba |irOflataed me lo he his lieutenant -
mA I had tlie same from Mr. Bar^
aereral letters that I saw,
ly lord Melford and secretary
fiTth king Jamea«
What other officera were there
Tb»e vaa one Richardson wns to be
I CBfiaiaOv and ihei-e was one Mr.
■a Io iia aoatheri and one Hall ano-
jkm waa ta be bis eldt^t captain, and
UEfaaa waa to be his captain-lieu-
Veruatti was to be
fat. Da you reroemher who waa to be
'f
Ha^ Sir, 1 think I cannot he positive
rt» f ap^ke tocapt Baroesley, that
ant tD king Jamea's service,
aiul sometimes he accepted,
ha refuaed it.
ht^ Play, what did you do as lieu-
taaal upon this matter ?
I cadaavoisr«Mi all I could to get offi-
htokf and to raise troops, Fendea*
I fil vital inen 1 couhl myself,
toi. Piay what did you do ? What
U jwa fwwcura for him P
I tan you Vematti and Fiaber* and
JhM thai tiTCB at Deal.
ia. WImI tiaa|Ni did you get under
you?
you ?
Blair, What? I myself, Sir, do you meant
Att. Gen. Yei, I do.
Bkir, Yes, Sir, I did.
Ati. Oen, Can y<iu name any of them ?
Blair. Yes, Sir, if I make u^ of my paper.
Sol, Gfn, You may makeuseof your paper
to refresh your memory-
Bhtr, There is a paper of names that I gave
in before the council.
L. C. X Mr. Baker, have you his paper
there P Let him see it to refresh' his memory,
Mr, Bakfr, I have none of the papers, my
lord ; they are all sent before the council.
Att» Gen, Pray, Sir, can you ttll w ho was
to have been your Ueutenant iu your titiop ?
Blair. One Mr. Bert ham.
Mr Mountague. You say, Sir, you were
constituted lientenanl ct>loi»cl ; pray, who con-
stituted you, and made you so ?
Blair. I had only a promise of it from sir
John Freind, .
Ait. Gen. Pray, did you lay out any monies
for sir John Freind ? or did he ever pay you
any money afterwards ?
Blair, Yes, 1 have had several small sums
of money from sir John Freind.
Att. Gen, Pray, what was it for P
Blair, It was to drink with the men that
belonged to the regiment, and eiiconnige
them.
Ati, Gen, Pray, did Mr. Ptggott pay you
any sums of money ? and by whose order ?
nlair. Yes, he paid me first 20/. and af\er«
wards he paid me another 20/»
Ait. Gen. By whose order was that, !^iir ?
Blair. It was by the order of sir John
Freind.
Att. Gen* Pray, Sir, How do you know
that sir John Freind ordered him to pav it youf ]
Blair. Because it was the money lliat 'Pig»i
gott had received to repay sir John Freind
what he had advanced for Ihe furthering of
Parker ^s escape out of tlie Tower.
Att, Gen. How do you know that he ad-
vanced any money tor procuring Parker'a_
escape?
Blair, He told me so himself.
Att, Gen. How mucli did sir John FreinAf
say he advanced for that pur{>o5e ?
Blair. Retold me 100/.
Ait. Gen. How did he tell you he was to ba^
paid it again ?
Blair, He told me that king James ordered
thepaj'ment of it at France, when Pig^ott went
over, wh?ch was immediately afterwards ; and
I had of that, first ^0/. and afterwards UOL by
theorderofsir John Freind.
Sal. Gen. Pray, 8ir, did sir John Frejod tell
you what Piggott had received in France?
Bluir, Yes, he said Piggott had i-eoeived
100/. in France ; and be *lid not pay it him,
but if 1 could get ZQl. of hia>, he if^uld ,
allow it.
Jit. Gen. Pray about what litne was it that '
the tint 20/. was racaivad?
M]
8 WILLIAM HL
Blair, J have set it down In my paper ;
there it is.
Ati. Gen, But canoot yon tell about what
time it was P
Blair, It was about last May or Junei the
first 80/. was paid.
Alt. Gen. When was the last SO/, paid ?
Blair, It was after 1 was sick, about Mi-
chaelmas.
Mr. Camper. Pray, Sir, Who was by when
the last 20/. was paid P
Blair, Mr. Piggott paid me the last 5/. of it,
(for I received it at several payments from Mr.
Pig^tt) but the hist 5/. was before sir John
Fremd, at Jonathan's coffee-house.
Sol, Gen. Pray, do you know any thing of
air John Freind's receiving any l^ter from
kiu^ James?
Sluir, Yes ; he told me he had a letter from
king James.
Sol. Gen, How long ago was that?
Blair, Truly, I cannot tell.
Sol. Gen. 1 don't ask you the precise day,
but was it within a twelvemonth P
Blair, Yes, I bdteve it might be there-
abouts.
Freind. My lord, I desire he may speak
out ; for I dou't hear half he says.
L, C. J, Repeat it to him again.
Blair. Sir, you told me you had received a
letter from king James.
Friend. My lord, I shall answer to all this
afterwards.
Sol, Gen, Pray, had you at any time any
discourse with sir John Freind about one Slater P
Blair. Yes, 1 had.
Sol, Gen. Prav tell what that was.
Blair. He told me he was to bring him in
several officers ; and that he had intended to
make two lieutenant-colonels, whereof captain
Slater was to be one ; but when he saw I was
not satistied with that, he said he should com-
mand a troop of non-swearing parsons, and
tbev should M an independent troop.
Sol. Gen. You say that Slater was to com-
mand that troop P
Blair. Yes, and it was to be an indq>endent
trooj>.
Att. Gen, I think you say, that he and you
met at Jonathan's coffee-house P
Blair. Yes, we did so.
Att. Gen. Pray what discourse had you
there P
Blair, I called him aside, and desired to
speak to him ; and it was when Mr. Fisher
told mc of tliiii plot, and desired me to speak to
him, a little betbre this horrible conspiracy
broke out. And 1 told liim what I heard from
Fisher, and from Harrison the priest about it ;
and he told me that he had heard of it, and he
was nfraid it would ruin king James, and his
affiiirs. .^
Alt. Gen. What was it that you told him
you had heard P
Blair. This last horrid thing, the conspiracy
against the king's life.
Mr. Camper. Was it before it bidw out that
lie told you he knew of It f ^
Trial qfSir Join Frnnd^
Blair. Yes, it was shortly before it br<
Alt. Gen. Pray, did you meet wi
again P And did be carry you in his c
at any time? — Blair. Yes, he did. Sir,
Att. Gen. What discourse had yo
when you was with him in the coach P
JB^ir. He took me in his coach to S
tin 's-le- Grand, and, says he, I will do
till the Toulon fleet meet with the Brei
at that time, perhaps, we shall be all tal
but, says he, you may sculk about tl
better than I can ; and therefore I'll kc
self private ; and we must be as good h
of our money as we can ; for money
very scarce. What do you think y(
need, says he P Truly, Sir, says I, I ca
that must be according as 1 am mountc
I found I had a few indigent officers at tl
Att. Gen. Pray, what were you tu <
Blair. Vte were to sculk up and dov
when he asked me what money I shou
I told hirii I could not tell ; for there i
veral indigent officers, most of which
at that time ; and here is a letter thi
from sir John Freind, to confirm my n
money from him.
Att. Gen. Is that sir John Frein
hand P — Blair. Yes, Sir, it is.
Att, Gen. Then put it in. Give it
[It was delivered in to the Attorney -G
Sol. Gen. Pray, what have you li
John Freind say of sir John Fenwick
concerned in this matter P
Blair. I heard him say, that he
that he should command the party thai
engaged in, and that sir John Fenw
four troops of horse, that lay near Rea
be employed.
Sol. Gen. For what purpose P
hlair. To be in readiness upon the i
Freind. Gentlemen of the jury , 1 C8
a word ; 1 hope you hear.
Att. Gen. Pruy, Sir, look upon tha
\ou say you had that letter ftrom f
treind, pray, who is that H mentioned
Blair. It means Harrison alias J
the priest.
Att. Gen. Pray, what was that lettei
for?
Blair. It was about the Ust SO/, thi
to receive from Piggott.
Att. Gen. Is that sir John Freiud's
Blair. Yes, I think so.
Att. Gen. Have you seen sir Johi
write P
Blair. Yes, 1 have seen him writ
think it is the same hand.
Att. Gen, Then we desire it may be
Then a Juryman desired he might b
Wh^er he saw sir John Freind w
letter P
X. C.J. What say yoa,did you
write that k*tter P
Blair. No, my lord ; it came to my
Ait. dtn. Did he ever own to yoi
writ yoa each a letter P—£4nr. Yei»
Jhir High TreoMn.
m. Pnjy let it be read ; read it all,
1 short.
Ir. reads:
?w Captaio Blair, These.
; Tuesday Morning,
may inoch wooder you have not re-
ins wer of* vours before now : I ba?e
led with the gout in my hand and
1 have not been able to pnt pen to
thank God) I am somewhat better,
pe to be in London a Thursday next,
boor <^ twelve, at Jonathan's cofTee-
he weather do not prevent me ; if it
i not come before Monday following :
* you fur to meet me about that hour;
It convenient for to write a note to
r some reasons 1 shall give you when
I wish yon good health. I am,
affectionate friend and servant, .
" John Freind."
a. Prmy, Sir, what dale is it of?
Ar, It lias no date but Tuesday
m. Did sir John Freind meet you on
day, according to this letter ?
M. My lord, I desire he may be ask-
thts letter came to him, whether by
post, or how ?
1 doD't know, I believe it was by a
came first to me when I was in lied,
ife broaght it up to me.
511. Prmjt Sir, answ^ my question.
obn Freind afterwards meet vou at
s coffee-house, according Jo this let-
lir. Yes, Sir, he did.
rem. And did you there speak about
OB that's contained in that letter?
Yes, Sir ; and accordingly I had the
ea. What order?
Ao order for the SO/.
!«. Captain Blair, do you remember
dined with sir John Freind near the
e, in January last ?
Yes, I think 1 did, Sir.
r». What discourse was there between
^ Who was with you besides you two?
1 must refer that to my paper.
fi. Well then, what discourse was
f on and sir John Freind there ?
It is down in my paper.
m. Do you know one capt. Ridley ?
ra. Was he at any time present when
the prisoner at the bar were together ?
f. My lord, I cannot hear a word he
/. Here is a great noise indeed, and
ms, is not well, and speaks but low ;
Icr silence in the court. [Which was
Proclamation.]
L Look ye, air John Freind, he speaks
r that you sent to him that bears date
CMtey momtng, that you would be in
d seel him at Jonathan's eoffee-bou^
«nda/ foUowiDgi at twelve o'clock;
A. D. 169S. f S6
and that letter was read, and he says he met
you accordingly, and there was order taken for
the payment of the last 20/. This is that ha
says : did you hear it ?
Freind. No, my lord, I did not.
JLC.J. That is what he said. Then go
on : you say he met you at Jonathan's ooffee'
house according to that letter ?
Blair. Yes, my lord.
L. C. J. What was done there, when yoa
met ? — Blair. Nothing but the order.
L. C. J. Who did he give the order to?
Blair. He gave the order to Harrison.
X. C. J. Why, was Harrison there ?
Blair. Yes, he came there before I came
away.
L. C. J. But you say he gave the order to
Harrison f-^Blatr. Yes, my lord.
L. C. J. What was the order for?
Blair. It was to pay me that money.
L. C. J. What money was that ?
Blair. It was the last 20/.
Alt. Gen. Was the 20/. paid you after-
wards f-^Blair. Yes, Sir.
Att.Gen. Who paid it?
Blair. Mr. Piggolt ; he paid me the last 5/.
of it before sir Jonn Freind's fiice.
L. C. J. Was this the first 20/. or the last,
do you say ? — Blair. It was the last.
JL. C. J. What was this money paid for?
Blair. I believe it was to support me to go
about the business of the regiment.
L. C. J. You believe ; that's not enough :
but are you sure it was so ?
Blair. Yes, I am sure it was for that.
L. C. J. Had you ever demanded money of
him before? — Blair. Yes, I had.
L. C. J. For what was that money that you
demanded ? >
Blair. It was to drink with the men that
were brought in ; to cherish, and keep then
together.
- L. C. J. To what purpose were those men
kept together ?
Blair. They were for his regiment.
Sol.' Gen. Pray, had sir John|Freind any oc-
casion to pay you any money upon any other
accoufnt?
Blair. No, Sir, not out of that 100/.
Mr. Cowper. You d(» not understand the
question. Had you any dealings with sir John
Freind, but al>oui this matter concerning the
regiment?— B/air. No, never in all my life.
Att. Gen. Well, sir, do you remember your
meeting with sir John Fremd when one llid-
ley was there ?
Blair. Yes, it was at the chop-hou^.
Att. Gen. Give an account what passed
there.
Blair. Mr. Uidley said, a^ gentleman waa
lately gone over to France, about ten days be-
fore ; and Mr. Ridley said, he was a very sen-
sible gentleman, a Roman Catholic, an ancient
man, about threescore years of age, what he
was, I can't tell : he said, he believed he should
bring the last orders.
Att.Gen. What did sir Joho Freind say f
m
8 WILLIAM m.
Blair, Sir Jobti Freind said, He ktiew nf
it ; but he named do more,
SoL Gen, Wliat was the effect of those or*
ders, as yan uQtlerfitood f
Blair, 1 cAunoi tell that. Sir, indeed.
SoL Gtn. Did you know Mr. Cbiirnock ?
Blair, Yes, t did,
SoL Gen. What do you know af hii going
to France ?
Blair. I met Slim iipou the Exchange the
last summer^ and I told hvm, 1 ex]>t:*€tcit not to
have ieen htm here at Ihat time, 1 thought he
liad been abroad ; he told me be was come
from France \ but who &ent him I camiot tell,
I do not know, u^n my life.
LSoL Gen. Pray what has sir John Freind
said to yoa about Fergusou? Whether was
not he to hare been an otBcer in his t^gimeiit .''
Blmr, No; but sir John Freind said, he
wonid jiiin; and Mr Ferguson himself has
told me so.
Ati. Gen, When did he ttU you so ?
Blair, A gOiwl while ago.
. Alt, Gen^ How long ago ?
I
Blair, Two years ago, and ahoye.
Sot, Gen. Did i>ir John Freind tell you any
thing about Ferguson, that tie would bring in
any men?
Blair. Yes, he said he would bring in a great
many.
Att, Gen, Will the priioner ask him any
i^uestions ?
L. C. J. Sir John Freind, wiU you ask this
witness any 4|uealions ?
Freind, Yes, m_y lord, I shall by and bye,
if Ihey have done with him,
L, C. J, Yes, they have done with him.
(Then he {^i a used, and [lerused his Papers.)
Freind, Fust, a?* to the commission yon
charge me witti, that I should receive a com-
mission from kiug James ; 1 desire to know,
whetlier it was signed, or sealed, and %vhat dale
ilwtsf
Blair. I cannot tell the datei indeed, sir
John ; for I neirer thought to come here upon
gueii an account as this ; but 1 think it was in
paper, signed above * James Rex,' and below,
* By his Slajesty^s Command, Melford ^^ and a
littfe seal upou the margin.
Freind. This is the hardest thmg b the
world upon a man ; here you have ctiarged
ine with money to subsist and encourage sol-
diers,—B/ajr. Yes, Sir.
Freind. I would only say thii : you were
recommended to me for a very honest man,
and you bare come to me several times, and
told me, Sir, my necessities are very great, I
am ready to starve, 1 have a gr^^t charge ; ihr
God^a sake, will you be pleased to hestow
something upon me, to relieve my necessities ?
It's true, I have given you money several
limes, but I never gave it for any other use
but charity \ God knows my heart. 1 dcMre
you to consider with yourself, and aoswer it.
There is a God above, where you must ^ive an
«ccouDt fts well aa I, and i hope you wdl con-
are
Trial of Sir Jahn Freind,
sider of it. Pray declare the trutli, V
you have not writ those lines to roe
times, that you were ready to starve,
ged of me to relieve your nec<^ftities?
Blair. I bare so, Sir, I acknowledge
Freind, Pray take me right, and
that money 1 g^ave you, only upon pure
Blair, Yes, you did give me charity, b
had expended m) much nvmey in your b
ne^, that reduced me to that, God korms
heart. I have laid out many a pound upon
affair.
Freind, It is the hardest thing in the
lb in is a floman Catholic too.
Blair, I am sure it cost me many a
more than ever I had of you,
Freind. You say you listed a great
nieo, who were ihe men.? What
ttames i* Who were they for ?
Bhir, I have given a list of them to
council.
Fraud, Who are they? for God knows,
know nothing of them.
L, C. X You have a list Uicre, let it be |
duced.
Blair. I gave it to the council ; :uid,
John, I brought in several otHcers to you.
Att, Gen. Remember, and name asm
as you can.
Blair. I have named the oS^fjers alreadj^
Ati* Gen . Na me th em again .
Blair, Did not 1 bring captain Fisher
you ? and did not yon promise to make hi
your eldest captain r
Freind. No, you never did.
L. C. J. These are questions of pur o^
asking, so you must hear him.
Bltur, I brought captain Fisher to ymx, i
accordingly we dined at captain Simons*s ; i
tliere was captain Ridley^ Mr. Richardson,!
Mr, Fisher and you talked together, and
listened to him, and in my own hearing yi
promised he should be eldest captain, u,
condition that he would bring in a troop ; i
til is is true, so help me God.
Freind^ K^rayi where are your men? \
what are your men that you listed ?
Blair, 1 never spoke of listing, 1 only spo|
of encouraging.
Freind, Did not you say you bad listed
great many men for to he of my regiment f
Blair. No, 8ir, I did not.
All. Gen. I think you do mistake, sir Jobi
he did not aay list.
Blair^ I had money from you upon the a
count of encourag^g, and treating, and drini
Lng with a great many of the men : and y
said it tvas im possible to keep them togethc
but that I must have money to treat them,
drink with them ; hut you desired me to be i
good a huslvand as I could.
Fr€i7id. I never said so ^ these are very hai
tilings upon me.
Blair. Did not I bring captain Cole as
captain Ncale to you, and his brother* in la'
Mr. Robinson, aiKl Mr* Gellibrand ? and dj
not we dine together?
High Treainn,
I loMff Dvllimg of atl l!us» 1 ileclare
mm-
L C /. If joo woit)<) ask bim any mortt
AUr. I Imitiglit tlii99e tliree gentlemfni anil
I. ' 'fut diii you dine llien ?
^ . ; Ucktiey, uljeu sir Jobn lived
k«i^« W 0^11 fiiMise.
l^mi, WHm was it ?
Ibp. I a year iiffo. Pray, sir
kli^ 4m I II dteli roe out of coiinte-
nK;J^tvgh 1 am vrry ill ; 1 fi^iuk notUiti^
[iHlliplnitJi, Mill Ihtrdurt* t viilt not bt^ ihixltt^d
III CBUBleiMfvrr. Yuit kuow tt hat I »iay tn
r; ywn ib^n dmtik a ip^tass of i^ine to
» C«l9: Mtd cSifl not you promisi! him,
elc ii«8 ofi«» af your mothers name,
|taW«b<«lil h^**^' * T'''«*'e in Uie Excise next
itf flic oociii .;' ^i.iys I, sir John,
kitvil yim j;« - ,. <i, suys be, you shsUl
biKlWr^pukenL, tnon. Tliifi was belore Hi>-
|jMi>b« vMMher-LU-htw, and Mr. Ck'llibrand.
[C J, Who wA^ to have the place m the
?^Bh»r. Captain *Jole»
I koow not o won! uf all thiit.
, ftoAr^lny. Cuptain Btair, be not itash^d,
'fctlie titsth« and yt)vi need fear nothing.
TImil, I ^Vt was before Air. Robin-
I Mr- G^^nibrand.
1 donU know Gellibrand, nor none
L C A Was that Cole ta be aor thiiii^ in
Bl^. Y<«T be wai to hate been a captain,
■italria^ba tmop.
iit,Oi^ Hir Jolin, will yoti ask him any
Sa^ I miint de|iend ui>on the jnry,
K rvmcmher hall' what he has said .
tCt^ Do vfiu remember any discouHNe
^9^9»fim aa«l him^ about ^ome brisk uieu
ivamaMf^ltow him?
^ C/ Ent before yoy ask him, Mr. 8oli-
•« uuiM knowr whither he will ask him
k ^ •■nr 4|iiff^»oiif!, fur lie is nov/ his nititess.
1 fc t»a idk bifii any more f|uc*lioriN, sir John ?
I can aak al»out no more thun whtU
A. D. 1696.
[30
L<LJ^ B«t aak him what you will
fmmL Hy kinl, I have nul heard halt'whul
W Ut Mid, 1 Im^ llie jury will take care in it,
^ C i. Some part of it h as twice repeated
^K-
Aa III lUal, tnv lord, 1 vvould ask
tAtm or two. \Va« that my letter ?
Y«, it wag.
M «e« me write it ?
I if to my hands by a porter,
[•1^ • I waa in bed; my wife
, 11 liAt waa llial l«tter for ?
to lifda' In pay tlie last UOl. and I
a raimii nl* a lisHer Ihat you writ to
vwl y^ that letter to
Blnir, He sihewed it me himself,
h. C. J, ilow jonff affo is that ?
li^flrr. A yejif und a halt ajjo, as near as I
can remember,
L, C. J, Did be say any things of an answer
he liad to it ?
Bimr. Yes; hot I cannot remember what it
was directly,
Jttrytnan. ITe %vas pleased to say, he saw a
letter from king' Jumet;*
L. C. J. Woj no, yir, it was a letter to kin^
James.
Jitryjnun. My lord, I desire ho may ba
askeil, if he kirnus the contents of thiit letter f
L. C. J* Did you see htm write the lettiTi
or did he shew you the letter he hnd writ ?
IMitir, I did not see him write the letter, I
seeliin hand to the letter, and he shewed me
the letter, that he said he had written to king
Jamcfl ; and tli^re is this parti cu hi r passage to
confirm it, it was at Mr. Piggoit*« mother^
liouse; I dined with him there that day, and
when he shiaied me the letter, f told him I
was BO well fdeased with tlie perming it, that 1
believed Mr. Fcrgusou had a hand in it; and
be was ^ary angry, that 1 should think he was
no I able to write,* and did not write the letter
himself.
Jnfynmn. My lord, since it seems he perused
the letter, I d^ire he may be asked, whether
he can remember the contents of that letter^ or
ajny of it?
Biair. Really, my lord, 1 cannot tell that
particularly: but I am a]>t to think it was
about the husiuess of the king, and about the
regiment.
L* C. /, Can you teU truly any of the con-
tents of it.'
Biair. That it was about the aiFairs of tha
regiment, I am piKHitiv^.
IHr. Cowper, My lonl, before he goes away
(that the jury may nut go iiway with a mis*
take), I desire it may he observed^ he does not
say* h« saw sir John Freind write the letter.
*/.. C. J. No, no, but that he shewed it bim
himself
Frcind, When was that letter writ that I
lihewed lo you ^f
Blatr. It \vn& akiut a year and a half ago.
Frdnd, 1 declare in tlie presence of God, L
never writ one.
Jtfrymftn, He says you shewed him the let-
ter» therefore it is very fit we should see it.
L. C. J. Nay, Sir, you must not talk to tha
pri^ioner; if you have any questions to ask»
you must propose them to\he court.
Freind. I declare in the presence of God, I
never writ any such letter as this he now
charges me with.
Biair, And I do declare in the presence of
God, you shewed me such a letter.
Frcind. Yes, you may ; but i am a Pro-
testant, you ^re a Papibt ; you may do any
thing*.
Ait, Gen* \ci\ may ask any questions of
bim, sir John, but you mutt not raii st the
witness.
31]
8 WILLIAM in.
Trial ^ Sir John Freind,
P
Freind, But when yoa chargfe me with the
writing of a letter to king James, 1 ought to
speak to it. It seems, J am out to ask whether
he is a Papist.
Att, Gen. He says, yon shewed him a let-
ter, that you said you had written to kiug
James, which lie read, and hked the penning
of it 80 well, thut he thought Ferguson had a
hand in it ; at which you were onended, that
be should think you could not write such a let-
ter vourself.
freind, I declare in the presence of God,
I never writ any such letter.
Att. Gen. 1 sup|M)se you'll disprove him by
and hye.
Freind. I can have no witnesses to this
matter.
Att. Gen. And you can't expect your own
denial should go lor proof. If you will ask
him no more questions, let him go down and
ease himself.
Freind. He must not be asked whether he
is a Papist ; but I hope you will take notice,
countrymen, that these witnesses are Papists,
and they think they merit Heaven by swearing
■gainst Protestants, whom they call Heretics.
L. C. J. Indeed, sir John, 1 don't bear you :
pray speak so loud that the court may hear
what you say.
Freind, I will, my lord ; I say he|is a Ro-
man Catholic, and I have witnesses to swear
be is 80 ; and desire I may prove that he is a
Roman Catholic, and therefore be is not to be
beard against a l^x>testant.
AU. Gen. Then the next witness we call is
Mr. Bertbam. [Who was sworn.]
Freind. But I have not done with Mr.
Porter.
L. C. J. Well, you shall have him by and
bve ; let the king's counsel go on in their me-
thod.
Att. Gen. Pray, Mr. Bertbam, do you know
captain Blair that was here just now ?
Bertham. Yes.
Alt. Gen. How long have you known him ?
Arthain. About eight or nine years.
Att. Gen. What discourse have you had
with him about any regiment that was to be
raised for the late king James?
Bertham. Captain Blair had (old me for two
years last pa^t, that sir John Freind was to have
a regiment of horse, thai were to be raised, anti
lie posted about the town ; and captain Blair
was to be lieutenant-colonel to the re(i^iment,
and I was to be lieutenant to captain Blair in
bis troop.
Att. Gen. My lord, we only call him to con-
firm what captain Blair has said, that he was
to be his lieutrnaiit, and that this was talked of
two years before. DitI he toll you sir John
Freind was to have a re^jriment of horse?
Bertham. Yes, SSir, und he obliged me to
bring in as ninny men and horses as 1 could
into this regimeiit, and he tohl me capt. Fisher,
captain Vertiatti, and captain Cole were to be
ctptftins in the revriipent
It. C.J* And what were you to be?
Bertham. A lieutenant.
L. tj. J. To whoiii?.
Bertham. To captain Blair ; he has told B
so several times, and talked to me about lb
alfairs of the retfiment a great deal, that I cm
nut now remember, relating to that purpoae.
L. C. J. This is no evidence against sir Johi
Freind : he is only called to confirm the tMli
mony of captain ll^lair; that Blair spoke if i
long before he gave his evidence, and iokl
not a new thing now invented by him.
Sol. Gen. Sir John Freind did ask what m
he had engaged, and among others, he ntMi
this Mr. Bertham to be his own lieutenant, m
he now tells you Blair promised him 80 to I
two years ago, and tnen told him air J«h
Freind \vas to have a regiment
Freind. Do yoa know me, Sir ?
Bertham. No, l%r» I never was in yii
company in my life; f only .tell you wImI
have heard fnim caput in Blair ; I do not hm
that ever I saw your face.
L. C. J. His evidence, sir John Fraki
hurts you not, as to any particular thing III
he knows against you ; he is only brought 1
confirm what captain Blair said, that be wial
be his lieutenant in his troop.
Att. Gen. Then, my lord, we leave it hflm
L. C. J. Look ye, sir John Freind, the kMV
counsel have done, and now you mmy tp«i
and say what you have a mmd to say in jm
own defence.
Just. Rokeby. And call what witnetMt j«
have a mind to call.
Freind, My lord, in the first place, 1 4mm
to know whether Mr. Courtney is come.
L. C. J. Your solicitor can best tell thili.
Freind. I perceive he is not come.
X. C. J. Well, go on : I suppose be will «
be long before he comes, we wUl stay for bin
Freind. My lord, 1 must wait for my wi
ness : but in the mean time, as to Mr. Pomr
evidence, I own I was at the meeting «t tl
King's-Head in Leadenhall-street ; I dedn
1 was at that place, and there were some gm
tlemen there, out how many or whom I cum
say; but 1 declare there was not one w«
spoken there of any raising of men, nor ll
thing of that nature, that he speaks of, h
only we were drinking a glass of wine, M
eating a dish of meai together, and sir Jol
Fen wick at that time coming in, said to os,
desire you to come to our end of the town, M
take a dish of meat with us. And there w"
nothing spoke of any thing relating to the f
vernment. Gentlemen, these are Papists, tJ
I am a Protestant, they don't care what tin
say, for they think they merit Heaven by M
fitroying Protestants ; and they are not to
believed : and that is the reason that I was B
to ask them the question, liur by law tbey ■
not witnesses, and for that 1 appeal to jm
lordship.
L. C. J. Hoit^ Why are ihey not witnesM
Freind. Nay, 1 appeal to your lordship. »
L. C. J. Bolt. Truly I think they ara III
nesses, i know nothing to the oontrvy.
frfmtt Mt lord, Paf i^l» art- not :;ood wit-
pas ic^tiutl Frni.>i.nit< foi' tUi^ reason tU'it
1 Ml idt jmi ; ly tord, tbat a
"* , i% i> t a u) jirove a Pro-
^ 5t> ?
Mj Uiril, J ilt^ire to know wbetUer
cb « suiiiir ?
HW/. V«- no doubt *>f it, there is
t &» aiaiof liic 25 ofEfL 3, about
Prmjr, my lord, does nul tbat make
fed. IZilf. N(N ioilccd, I know no fucb
si <j». Thnt cannot be, my lord, ihat any
mki^mif ^oiiUI Im?» for alt were Papists tlien*
m no »ucli a tbio^f si a Protestatit in
pi^E*!. S.
My l**ni, tbere k tl»e statute of the
li-s ibe t«t. cat?. 4tb, autl other sta*
in llie time ni kinor riiarles the
ibHy »n th«' 3ui!i yi'jir nfiiis reiyn,
V it is |»biu they ure tiot to be
ii««tnrtt«, ♦t^cnico they bdieve
; anil by liiose
tftttite-book, I
irijiiiir.j I iM, tui*( advUe was
r bf my Sawyer ; Jam an lawyer my*
... .iti.i.. -J ^ ' Mue« J, cap» 4,
u .
tjuak shall be
5Tv t*«rt1. the person is not rome.
I- Sjfaiubt cai'tum l^lair;
l>e h a prisuucr at the
^<ai|j was pleaded to
. c nil Uecatnc.
, \4^, yes, ^«^ ttill ^tay a while*
El ^tr»y^ my Ion!, <lo, foe it will he
^, ' ' ' I'fur.
1- I Ittfe yon any thing: to till
i ' neao Ume? |,Tbeu
la ytnti au..^.iur returned ^illi this
1^ 1 Wicf ^"- «- •" *^»»* ^l"iT«r tKf r-ouft,
IfM s to
« you would haF«?
> 1 y lo bin) ?
. . uifu Mi^ i|uev*
Yf«, yon mtisi propoiw' yoiir (|ur«-
-"irt, and they witl aak them ot*
Ir lUts be the |ier»on you apeak
WIMM ' - ' 'Mm.
Mi, ' I deaire you would
ijitiiio Ulair,
I liHve I wen a pri-
.u. ;^„i,.M >»-^ .iiiout a uioiiih, and
na lW« r#|itJiiu Blair at the same
ia M a iifriflDOSTt as tnentioned in tlie
m; kdjg ray cild ac^uaiiitaoct, (t
was in bed, b<?iug: in upon soiue other accounts)
and IV hen they tuld mti Ciiptjiin Blair was
brought ill, I d^'sivetl him to come into my
eh u] fiber, I told him 1 wixa sorry lo see liim
tl>ere ; I told him i Imped hc! was node ol'thoi^e
coneeru<.'d in this phii ; Ite f^aid ha y^aa In the
Proclamation, but that he was itmocent, and
knew uothiug of the |ili3t, nor of the assaiisi-
natioU) nur any thing like it; there were se-
veral other persons m thut place at the same
time« and he said he was as innocent as the
chilli uoboro,
Freind, Did he menlloQ any thing of me
then ?
Courineif* i^t that time he said nothing of
yon.
Frdnd, Pray, Sir, do you believe he is a
Roman Catholic f
C\>urinc\/. \ do not know his religion indeed.
Frcind. But doo^t you know him to be a
Uoitian Catholic ?
Courlmy. lie bore the character of otte,
but I nevcj saw him at any church,
Ju:it. Rokcby, Pray, Sir", how bag liave you
known captain Blair ?
Cifurinty. By sij^hl, I bare known him six
or sevtfn years.
Just, lioki'bjf' Ptayt upon what accoout did
youctill hint euplaiu ?
Cou} tnrt/, l\ vvaH a common name among all
the cc?mj>aiiv : he was called so.
Ji* C J* Wha(, all the liuic you knew himf
CouTtrm/, \Vh, all lifetime that I knew hini»
1 knt 1% uo uthcj name that he had.
l^'reind. But did yon not liear that he waa
rejtuied to be a Roman CaUnkheF
Courtney, i have heani that character of
htm amunf^ tho^e that 1 have known, but X
ha?e very little knowledge of his reltirioti.
L, C. /. Is ibi'* what you can say ?
CouHnct/, There are several uthers that
were witnetisefl of thisi as wlH as 1 ; 1 neiiir
saw you^ sir John Freind, br-fore in my Idc, lo
tny knowle«Jg:e, nor ever spoke to you.
Freind, Sir, a note vv. ■ ue, thatyou
could 4o mesomeservi' .4 ^va* tlie
reason 1 st;nt for y oil 1 u.^ i: ,Wt. I'jnj>euter,
Mr. King, and .^fr. Payne may he called.
X» C, J. iJavc you done with this man then?
Freind, I)u yuu kuuw captain Porter, Bir f
Cuui-hir,f, Yes, 1 do. Sir,
i , do you know him to be a Ro-
man I
Lour i net/. Sir, I ha? a heard that be hai
wiii'b a chanictcr.
LC.J, \\'' h^nhe?
Courtnftf, J iisao Catholic.
Lt. C*J, Thalii ouly L^ Inar-say.
Frdn^d^ My lord^ I hate done with this toaii*
L.CJ. Myon fi ' J hmi, iben
the Icei'per nia)' at- in,
Courinei/, 8ir, 1 i»;i»f sui.k uni-; else In say.
Fraud, My lord, he sa^s he has something
else to sav*
L. C. J, Then set him up a^atn : (trhich
was done.) Well, HiT^ what is it you hare
mofe to say f
353
8 WBLUAM IlL
Courtney. Two or three days after that
time, there was a prisoner then io the Gate-
house, who was ao ensign in the army, was
rcadintrthe Flying- Post in my chamber, and
in that Fly in<;- Post, there wa& news that dpi,
Blair was making a ^eat discoFery, and that
he had accused sir Jolm Freind, for havinpf
I'eoeived a commission for a regiment in which
he waM to be a lieutenant-eotonel, and said a
great deal abont that regiment, how he. had re-
ceired subsistence money for them from sir
John Freind. A little aftei; captain Blair came
into the room, and asked me if I had got the
news ? I told him yes ; and cajitain Blair then
asked what was the import of it ? I told him it
was there, that he was making a great dis-
coTery, and particularly, that ne was to he
lieutenant-coloneito sir John Freind, and had
received subsistence money from sir J. Freind
for the men of the regiment. Captain Blair
answered, that they might put what they
would in the news, but he knew nothing of it,
nor flid he receive any money : amd this was
a great surprize upon me, and upon those
others that heard him, when we were told he
was to be the main evidence against sur John
Freind.
Freind, Well, Sir, do you know any thing
else?
Courtney. Captain Blair was bemoaning
himself afterwards, that he went against hn
oonsrience in this thing ; and his wire told me,
that he was very much concerned, becanse he
was fl^oiiig to do this against his consrience,
and she was sure it would break his heart
Freind. Du you know any thing more ?
Courtney. And he told me in bis chamber
vpoD Friday night last, about Dioe o'clock I
came to see hira, he lay upon his bed Tory ill,
mod his wife was with Aim ; 1 asked him how
he did ? and he chipped his hands, and sakl be
was very ill. Pray, said I, what ails you?
i^ure you have gotten some very ffreat cold.
Oh ! no, says he, life is sweet, I don't know
what it n I ail, but were it not for liiei I should
never do what 1 do.
JL C. J. Did he tell yon, he went against
'his conscience ?
Courtney, His wife and he spoke at first,
that he went against his conscience, and he
believed his conscience was in a miserable
•itate ; and this 1 spoke innocently among some
of the prisoners, and I did not know that it was
taken notice of, but it seems somdMxiy baa ac-
ijuaintcd sir John Freind, and so I am brought
here ; I know nothing of being a witness, I
assure you.
Just. Rokeby. Pray, who were present when
this discourse was between you and Blair?
You say there were two other persons present
when thill discourse was between you and cap-
tain Blair, and his wife : who were thoaa two
persons?
Courtney, What discourse do yoa apeak of,
my lord?
X. C. J. You said then wm two
te your chamber.
Triai of Sir John Freind,
Courtney. Does your lordship meai
reading of the Flying- Post?
L.C.J. Yes.
Courtney. My lord, this genttemao
was speaking of, was lying down u
bed, and captain Blair came into m^
just after the news was read, and ask€
I had got the news ? I told him, yes ; I
me what was the import of it? I t(
they said he was making a great dii
and particularly against sir John Frein
L. C. J. Well, and who were there
Courtney. This ensign that is noi
soner in the Gratehonse, who, I supp
say the same thing.
Alt. Gen, Pray, my lord, let Mr. ]
called while he is here, and let him kn<
this witness says, that the Court and Ji
know what he has to say to it.
L.C.J. Yes, pray let Mr. Blair he
in again. (Which was done.)
L. C. J. Trcby. Now, let M^ Cour
Siat what he said now before about
kiir's declarations to him.
Courtney. My lord, 1 tell your 1
there was one Tooley a prisoner in tl
house, when he heard the Flyinsr-Po
bought it, or it was ordered to be boug
it being brought into my chamber, 1
him to read it, and I was walking al
room : in the mean time captain Blair •
and asked if we had ffot the news ? ^
yes ; imd he asked what news there w
I replied, it is said that you are making
discovery, that you were to be lieutel
lonel to sir John Freind, and had re
great deal of subsistence money for tl
ment: says he, they may put what t
in their news, but J know of no reginr
of any subsistence, nor of any com
The man that read the book will say tl
that 1 do.
Att, Gen, When was this ?
Courtney. This was one day w
Flying-Post came out, the last Satu
one I think.
L. C, J, But you talked of soinet
should say to you of going against I
science.
Courtney, That was upon Friday ni
I came to see captain Blair, and his '
with him, and captain Blair was very
dapping bis hands, and groaning, aiid
himseli^ M>d in a very miserable a
truly« I thought he was giving up th
I asked him upon what account he wa:
and toM him Ithought he had got son
cold: he told me. No. Well, said I,
BUir, I understand you are Cfoing to
to Hicks's-Hall, and I pray God din
Says he several times, 1 pray God i
all, life is sweet Oh 1 says his wife, i
he would never do it, but to save his I
it foesagamst his conscience : so said ]
yon have had the character of an hon
tlcfflan ; I hope yon will shew yoursi
wui I jgnj Qi^ w^ jon s I wish n
./or High Trtasm*
yoar door, Savs he, I am an
I Hkfta I titat b the tning ibut ti-ou-
^tWDtfthtng" tu ibat purpose ; whteb
like riiiftorie of cunBCieDce ivhicb
li»e fror14. ] Apiike of tliia mtio-
h^ tlie pmonerH, aori it seems, it
Niicatea to air John FretnO, and so
fl Iftcrv to tp!$tify it.
Prav, ¥rLal sny you to l1»is, cap-
'Voa bear whav he sav^; do you
Lnni wtuU ^ou Icdaw of it.
You bear what dis<M>ur^ he sa) s
nov ; w bat say you to ir ?
^Hlcml, this ^eutlemnn crowded
l^b tne ; my wife m as wiiU mc,
imis be bad acuri of brandy^ whlih
B for OK* ti" I had a cold. God
t, I tle^ircd Docomiiauv mlglit
lays be, C4i|Uain BlLur/ I have
\ been ao boue^t ^eatlemau all
I yoci are going to UicKs's- Hull (o-
«l • great deal of such discourse
I nray Ood Almiapbty direct you !
t knrow paraed. 1 was very ill,
1 Ml far from bdofif wejl nof¥;
tbiog^ of remoriie of conscience,
. leerey atuJ sahatiou, 1 uerer ex-
saeb tmngtohtm.
Did your wife say, th»l you were
%at you wear goia^'to do that which
Ml floftacteocef and you would Dot do
pm y«Ktr life T
N», I aiD sure »he did not.
L THii ibat gentleman thrust him-
IMV oofnpaiiy, or did you desire hitn
|a CD you f
No, be tlirast himself into the room.
Tbe &i(Uc was hard by» and I
Mr groan, and ^o I went in to
body hid access to him.
where i* tb« keeper ?
I am, 8ir.
I beg of you for God's sake,
to roe hut my wife ?
i« keeper of the Gatehouse
ly fweor him.
OaldioiiK was sworn.)
lat do you cay as to captain
I hat tiobudy should come to
was to Ci>me to bim uDle$«i
\e» ujMin lino.
ol*tkat man*s com-
^ nothing of it.
ilvraya desirrd to huve the door
'I" <nside, that tiol^ody
I) \ had a miuil to.
n^-e he was ill, and
that I know of.
with me came to me
man was with ' me^
hack ; ami she said,
dear Blair, do not
thbf
A. D. 1696. [38
B&wr. When this gentleman was with me,
she desired me uot to say any thing before him ;
because, said she, 1 do not' know but be may
be a trepan.
Court net/. Upon the word of an houest man, ^
and my reputation is nn dear to me, a>i yonni i» i
to you, she &aid nuthin^jf ni that* She itdd me,
you were going to do thi*t which was at^ain!»t .
your cohsf ience, aud you would not do it hut
io save yuur litk
A(t. Gen. Pray what is lhi<i inau couMuitted '
for, you kee|)er?^A'er/;^n He ii committed
for suspicion of treason.
Caurtnej/. 1 have boen taken no five linn*a
upon suspicion, and this last time 1 »us com-
mitted to the Gatehouse.
Att, Gen, Where do you hve, Sir ?
Courincy, Tn Old 8outhampt<m Buildings.
SoL Gen. How iong have you lived there ?
Courtney, I have lodged there about four i
3ear;!i aud an half; there are fieveral pei^soai .
cat! come and give a testimony of me,
Sol. Gen. How came you, Sir, to be broughl^ j
as a witue^ here ?
Courtney. 1 was surprized at it: for my^^
part what I did was by way of pity, seeing hinn
in such a condition ; I iiilicfl your soul, be-
cause you and your wife Volh shewed so much
trouble and remorse of conscience ; a* for sir
John Frei nd, I never saw him till to-day in all
my life, that I know of.
Alt* Gen, What countr^^mati are you, Sirf "j
Courtney > I am an Irishman born.
Alt. Ocfi, Have you any estate in Ireland ?
Courtney. No, Su", 1 have not*
SoL Gen. Prav, how came you to go to Mr.^ j
Blair? ' " I
Courtney, I have known him t long time;']
f have been of\en in hi« coiujiany at tbe coffee-
houHe; J cannot say I am jiittmiitely acquainted -
with captain Blair, hut only us I h«ivr«eeu him ,
in the coIfee*hou*e a great many tiinesi.
Sol. Gai. But I u&k yau huw you came to J
go to him ; hecuuseit ^pems he desired nobody I
should come to hiui hut bis wife?
Court nty. He may say wliat he pleases ; for ]
he lay tirst in one room, and then in atiothef| i
aud he could never go to the necessary house,
but he must go through my room ; but if yon ^
(dease to send for Mr. T^ndey aitd capt. Court- ]
ney, they will say aud swear that these thlngi j
passed iti their presence, or to the lame piir*
iM>se, except what passed between bim and ma |
m his own chamber. Ensign Too ley did read j
the pa)>er of the Flying- Post ; and as for j
what lie said of his knowing DOthiiig of thf 1
plot, it was talked of up aud down the prison,!
mid m it came to me ; and 1 invited liini iuto]
my chamber as my old acquaintance ; thougb j
1 was not very famdiar with hiui; aud as Ti« |
declared, he knew no thing of the matter.
L. C J. You hear what he says ; i^ptaiii i
Blair, did you tell hitn you knew aothbg of j
the plot ?
Btair. Yes, I believe I might at first ; ai I
we were talking w hen 1 Brst eame in, and t ^
told him the truth : lor 1 wa« iniioceul as to
39] 8 WILLIAM m.
lie assassInalioD, for indeed I wasi so ; and as
othe invasion there was only some freneral
discourse, and I was not willing to explain my-
self among* such people as they were, when
they asked me any questions about it : I had
to do with the kiner and council. '^
i. C. J. Sir John "Freiud, have you any
more witnesses to examine ?
Freiud. Yes, my lord, I desire Mr. King
may be called, f Which was done, and he ap-
peared ]
X. C. J. There he is. Sir, what would you
ask him ?
Freind. I desire to know of him, whetlier
he does not know captain Blair and captain
Porter to be Human Catholics, and whether he
does not know me to be a Protestant.
King. I am of ojiinion Mr. I*orter is a Pa-
pist ; he was til ways taken to be so at Epsom,
where I used to go, and where he used to go,
and he was never looked upon as a Protestant.
L. C. J. And what do you take sir John
Freind to be P
King, I take sir John Freind to be a Pro-
testant ; so he is, and so he ever was.
• Freind. But when you have bf^n in my
company, and they have l>cen speaking of the
government, what have I said or done ?
King. Whenever they started any reflect-
ing words upon the government, he was used
to say. Forbear, I do not admit of any duci:
discourse.
jUl. Gen. How long have j'ou known him ?
King, He has been mv actpiaintaiice this
fifteen years, and marriecf a relation of my
wifes husband. (At which there v/as very
great laughing.)
King. I mean her former husband.
X. C. J. He has reconciled the matter very
well tor tliiii point ; for he tells yon he meant
her first Iiusliaiid.
Frt'ind. Ay, my loni, no doubt of it, he will
recover it; it was her former liuisbaud. Mr.
Kinjr, <lou't you mean it was her Ibrmtr hus-
band ?
King. Vcs, Sir, I have told you it was so;
her former 'uusbnud's name was Tiiomas I'ase.
X. C. J. Mr. Tanner you are to lm>k upon
two statutes, the one is ii Juc. 1, cap. 4, and
tlie 30lh Car. 2, cap. fi.
King. My loni, 1 ha.olicnid him say, if I
bad uot taken the oaths to l^ing Jame>.* which
oaths are iMiwiini; to my coii^cieurc, I could
as freely tako the oaths to the present govern-
peikt, as any iii:in in Kiii;i;iiul ; but I will live
peaceably a'td (|i>i(.'tly iiudc-r the govcriiment:
out because Id* not take the oaths, I am dou-
ble taxe<l, and I will pay it.
Freind. My lord, I desire captain Kaines
may l;e caJled.* [Who appcareil.]
L. C. J. What do J'ou a-sk him. Sir ?
Freind. Captain Raines, I desire to know
ofyou, uheiher Mr. iVrter and Mr. Blair are
Roman Catl.oik*s ; and 1 desire you to speak
•a to myself, \ihat I am.
Kaines, They are so reputed to be at Cp-
fom ; it was also so reported there ; and 1 have
Trial of Sir John Freind^
been acquainted with sir John Freui<
years, being concerned toeeth^r in the
Bands of the Tower- Hamlets, and 1 1
in his company several times since
came in, and never heard him give an^
ing language against the governmei
life.
X. C. J. Have you done with him.
Freind. My lord, I did not hear I
I suppose he has declared, as to capta
and captain Blair, that they are Cathc
X. C. J. He savs. Porter and Blai
puted Papists ; and he has known y <
time, and l)een concerned with yo
Trained-bands, and never heartl yo
upon the government since the king c
Freind. My lord, I desire to know
he believes me to be a Protestant ?
Kaines. J did always take sir J oh
to be a Protestant.
Freind. Then, next, I desire Mr. C
may be called. [Who appeared.]
X. C. J. What do you ask him, Si
Freind. I desire, Mr. Carpenter,
will acquaint the court, whether y
captain Porter to be a Roman Catb
what you know of me.?
Carpeiiter. I have been at Epso
suuiiuers, and usually am there in
time, and he was so reputed there :
sir John Freind, I have known him al
20 years ; I keep a brew-house, as he
lie have been concerned together, ;
had several occasions, upon the a(
trade, to meet him u{>on particulars of
ment, when any partners came in, an
knew him but very orderly and civil
heard him reflect any thing upon th<
menf, but was always peaceable and <
was always looked upon as a IVotes
went to church. That's all that 1 cai
Freind. My lord, as to the Slati
will your lordsnip please that the Stat
be sent for ?
X. C.J. Yes, yes, we do not forget
you any more witnesses:^ Call all i
neiis^\s,'and we will consider of that at
Freind.^ I desiie Air. Hawkins
called. [Who ai)i)eared.]
X. C. J. What sav you to this gc
Freind. I desire you, Mr. Hawkir
an account what I am ; whether you
to be a Iloman Catholic or a Protc^ta
JL'ukins. I have known sir Job
these twenty odd years, and have ha<
v>ith him many times before the chau
verniuent, and since, I ue\er heard hi
upon the government ; nor never hea
siieak slightly of it : and as to his bei
Ptotestant religion, 1 do know as mu
man, as much as another; 1 alway
him to be a Pr<»testant of the ('hurcl
land, as good as any man alive; I
went to church.
X. C. J. What, since the Revoiuti
Hawkins. I have nut been soconvei
hiia since that, because 1 went out oft
8
Jhf High Treason^
; 5ut [ liislinrt^ there are those
tmu give an arx'uunt of thtit
ImaturMf^uld muy be oilled.
^fli I ftupp4Jt>e yau hiivedi>pe with
r Miiiild stood up.]
vmi, Sir?
Ill, i Ua%v known <^lr .lolin
V, Mlwnc ibf"^^ iweivtv years,
him as a smcere
I Imh'ii ill hrs coni-
u'lj, ami I i»evef lieurd
1} of the y;'overnmefit.
^ ^ooj Q, IVutc^^tJiiit Q$ any
^ as »ti) in England ? Thafs
t .1 il«ire Dr. Holhnofsworth
kiUni* iBut be dill not uppear.]
Il Thru, my lord, 1 de&irc 5Ir.ljUnton
MM.
If Tb'^re iM Mr. LuptODi wbat would
re he win jriFc an account
liU'f what rrli&fifm I am of I'
>rd» lui to sir John Fri-iud, 1
I lii ; he \va!f |dea.sed
Ik his hou<e a con-
, i».Hu rj» iiK*j aod afWr ihe Revo-
^sfU'r ihi' Uvfolotioii ive ulMayis
pi^,.. ....;.. irt tjjg tJimrch of
- pn»y for the pre-
' '^^ »ry, at v*hich
yon le<t bini ?
or tive ytara, aa I re-
1 1 'is family lessen eil ; he
May to ine, Mr, Lupton, I am
bndjfej and n»y fiHiiil} lessens,
'te or <&ix yrnrs a^^»), and 1 shsitl
on for ynii at present ; hnt if
or a ehapfain fi^ain, 1 'twill
i: ifitif he WHS pleased to sixy*
lm\^ is it, do you say, that
(ire yrar«; and a* to any
j^ a Papisi, I have ofren
'otifi •* - 4...I -^IjouI the Po-
bit h'^ '^ken vviih de-
fici|iU . - !\ipiii<s.
ia?c you lu'nrtl me ^peak of
ibuut any thiii^f of an invti-
i wouUI ituitnrt! fny iHe for the Fro-
fl'lpiiii, or any lliing of that if"*
(•ifcbCollfTtJw!, Mr. Ernkjne's Ob-
l4M 111
its ou the proposi^nl
t. It hen i'atkd for
Cane, A, D. I71>1.
-e. lol. 9> pp. {j'2i,
Ti Ciflp, fcil. to, pp. 2<J6, rt Kef|.;
I Cam:, r ' ■ • ' • ' -nVs
, IS, |i; ; in
A. D, 1690. • [iS
Lupion, 1 hare often beard you say, as tqj
the present government, that thoujf h you eoQlcfj
not comply ^^ilh it, yel yon won Id live peace- 1
aUly under it. When we liave been talking oM
these thin^, you said you never would be iiuj
a plot ; and iliouorh you could not comply with J
the present ^Ternraent, yet you wouhl nevei^ j
concern yourself in any d^siarn a^raiu^t it. FofCl
my part, my lord, I know nothing by him/l
hill ibat he is an honest and a worthy gentle- 4
iiian^ though he be so unlbrtuuate to be under
tViis aeeusatton
Ft£tf*d. I desire Mr. lioadley may be calltd.
[Who apfHiared.] 1
L, C. J. WeLh what say you, Sir P *■
Freind, Pray, Mr. Hoadley, niti yoii g-iv^j
an account to the court uhat you know of mjl
beiog a Protestant, and of my hie and oooverij
«a.iion ? Jl
llmdlty, ] believe sir John Fieind is a vt r jl
settled Protestant in the Church of Erti^dand jl
and 1 have reason to believe so, bec«iuse I hav^j
frequently discoursed with him, U^^ause 1 havea
had a couple of children that were his nejihewstJ
npon whose account 1 have been forced severafl
times to VI ait upon him ; and he has often saijj
he never would he in any plot, and his word^l
that he used to ine wi-re reiOly very remarks* 1
ahlCf *■ Catch tnc in the corn, aint put me iiij
* the pound,* J
L. C X What were his words, Sirf
HiHuU(}f. He used to say he would neter bil
in any plot ; for, s»ys he, ^ Cati h me in thtt'l
' corn^ and put me in the jionnd:' and I havej
heard him exprfss himself with a great deal t
dea-vtuiinn of king-kilhnjf. and those principle^,]
of the Papists, the assassniating; of any crown*']
ed head.
Alt. Gen. Pray, 8tr» how came you to dis«J
Cfinrse with sir Jrihn Preintl ttknit kiiig--kiNin^J
ami plots? You are a school ruiister itseLmsj]
how happened ttiis sort of discourse betweeiij
you ?
HoadU^/, There will be discourses aboi]t.'|
tliese things sometimes,
AtL Gvn. But, pray, how was the discourwl
introduced f What was the occasion of the dis- f
course? iSure there wa^i some occasion exLra^]
ordinary for him to express himself to you.
tloutlUt/, 1 cannot remember the particular j
ocra^ion, but such iliscourse ihei^ was.
AU. Gi'n. Pray^ how long* ago is this (ioii
that tins discourse was?
- ilttadity. 1 lielieve it was five or six timeff
within these Iwo years.
Ait. Gen. What, have you had the sanfipl
discourse five or six times one after another? *
lltuuitfy, I cannot say that ; but those used
to be his words.
Aii. Gen, What, in common discourse?
Hixfdiry, He said he would never be in any
plot.
Freind, My lord, I can bring a rreat many
more witnesses of this kind, and 1 believe I
could have a thousand to prove tni? u Protectant.
L. C, ^ Chll whom you will^ sir John, we
will hear them.
«3] RWTLLIAM ITT,
Frtmd* My lordf 1 am Tfry ktfa to trouLle
JiiiL i£o4r^. No, it will mot be reckoned
r InniUe, we will bear all your rTidence.
Fma^ Tbere b one Mr. Willis aod one
. UcQungi ; boi I dttire it maj not be for •
L M to the mctfl of partknimt, for they are
veiy nialcrt&l for nie, ai& ] sbmJt shew by and
Itye. X^''* ^^'^1** apiMsanxt.]
X^ (;. J. H eU, wLa »«y yoa to tbis gen-
iWind. Mr. Wiills, I desire yon'd ffi»e an
accottot to ibeir lordsbips, what you think of
ne^ aa lo my betoj^ a Protesiaiit, and how I
luive bebared myaeff io frery reapect all aloog?
WIUU, My ford, I bare always taken it for
paiilad; thai tho^ tl>&i come to church are
Proletiaiili | and I did always take sir John
Frond ta be a Pirotealaiit. Hie acqaaintanoe
I bad witK bim waa sioce he H^ed ia tbe
puU of Haduey, aiid we have bad some con-
vena together; and tiiere have past friendly
▼mli between iia ; and I do uot remember any
diiGoarse ivbile 1 was there that tended to the
goveromeot ooe way or *.n other. 1 was uever
veryofieo with him, bul bis discourse was al-
ways ▼cry obh^Mog, discreet^ aad prudeot,
wheoerer 1 was iliere.
L, C, J, Pray, Sir, when did you see him
t eharch ?
WillU. Truly, my lord, I camiot call to mnd
rbeo it was.
L. C. X Cannot you name any time ?
Willit, He may be at church sometimes,
^.nd I not see him ; our seats are at a distance
fnm one another, and there are pillars between,
that one can't sec erery body ; and I caooot
cafl to mind when I did nee him last at church.
X. C X Has be been there w ilhin tbis year
Or two ?
Witlii* fie has been gone from Hackney a
fcyear atid alxive.
Mr. Mountague. Pray can you say you
have seen him at church within these four
years?
WiiUt,. Truly I cannot call to miud whe-
ther I have or DO.
Frrind. I desire Mr. Hi-mttio's may lie
eslte<l. J roidd call a grcTil many more, but
tlu-y are much in the *iarnt" eflVct sb these are,
i. C. J, I 'all \*'fioii» yi>u wtU, sir John, if
you thiuk fit to call iheni, we will henr th*^m.
Frcind. Being they are not here^ I will not
trouble you further ; it is all to the same pur-
" We*
L. C. X Well, take your own course ; if
^jou'll call them, the court will be sure lo hear
"^Ihem.
Frciod, Hut, my lord, here is one thinif
thai I iiHist d»:i*irL' your lordslup^s direction in :
if thei*e ^feiiilemen, ray lord, captain Porter
and cajttjuii HloLir, who are the two witne&ses,
and iiune but those t\%o affainst me, if they are
Papist j$, they are not cfoou witnesjies against a
Protestant, to prove him a traitor within the
■tatnte of the 2:>th of Edward the Sd, For
Che stattite says, lie that is indiaell must be
Triol ofSrJiAn Fremd,
pro? eably attainted ; which caMiol be by
eridenoe of Papists, and tbose that
take tiie oaths of obedience, wbicb are
to be taken : and tberefblv I tonbly
yon, ibat you will ptrte to tender
oatlkB, for there is a atatnle tn tbe
cap* 4, which appoiiita the tendering
nalbs to them.
L, C. J. That ts not oar bu^nesa it
time.
Frtind. Then I mtist b^ yoor pardon
they are not substantial witiiefacs ; f^>^ ilm
the hkw, as I am Inlbrnied. I biimViI y sol
to your l<ird$hip, whether tibia be not tbej
1 only speak it lo know whether it be en
nient for me to rehear.-e it, I asked the f
tioo before they were sworn, I kow
i^bether it be coorenient for me to tm
now.
L. C, X Jly, ay, it is rery oooTenienI ■
now is the proper time.
Frtind, Before e? er they wefe swore I n
bare asked them tbe question whether i
were Papists or not, but tt was not allowf
was Of er- ruled : now, ny Lurd, there is s
a statute, aod I humbly beseech you to
them the oaths, aod that would be
stration that they were Papists, and then
could be no ^ood witnesses.
X (I X You say well, if we conid
such a statute, that no Papist should be i
ness ; but there is no such.
Frtind, My lord, 1 beg your pardon, ai
hope you wdt not take it amiss ; 1 tMct w
I am odrised to offer,
L. C, X No, no, by no means, theie will
nothing takeQ amiss,
Frtmd. For the sUtute of tlie25tbof
ward llic third, and that of the Suth of 1
Cliarlts the second, and that of tbe 3d of k
James ihe firi»t, cap, 4, here it is p
monslrable, that Papists are not tu be
atrainst any Protestant, who is with
teemed a damnable heretic \ and then they
tieve the fK>ue and (heir pneiiti^ can at
them from all oaths, and tbey are declai
be given to evasiuoN, aail e«|ui vocations* I
mental reservntiniis, and can have disiper^sati
fcir all thf ir villanies ; and the rt lore they
not to be crediletl : their eridtnve is €%iu*i f
unh-ss they will in thi^ manner upon I
oaths renounce these prineipleu: therefor
hnuddy Iwg they may have the oaths tend*
them. '
L C. X That is not our business now,
Frcind. And, my hird, jonr lordship
pleased to promise me that if any matter
law dill arist*, my tokmsel i$hontd he hcard^
L, V. X First let us know,, whether llieri
any i>uch law as you mention, or tu any £
puqjo^e.
Freind. My loril, t desire my counsel i
come in, and speak to it : for my life is in t
gfer, and so is evevy lionest gent]emau*s
every day. 1 am as clear as the child unb
I have no witnesses to prove any thing,
therefore I desire my counsel may be hear
>u VI a
J&r High IWesstm^
^tJL If tbr nniri did think there
b Hm ot^ectfofi that yoa tnake>
I Mil lit jrov b«Te ouum^I^ we M-oald
Djf w« mre de&ifoiis to do it li' it
_ Wkit, my lord ?
' To allow you counsel, if there were
• in this objection io relation to Pn-
auts viloesaes, I would be gtad to
I tlttt would own this objecuon :
teliii I iM no coloar in it : the statute
irfkfCidaeed tbat ^ou qnote, and then we
H «t, vhitber tbera be any things like it
4 M tftiole, Pnj will you read those
vailifcri jnra t^ ore in thai statute to that
IrmL t un not iO expert to know the words
Idbiad ilkr ; and therefore I think it is le-
ildbald Lave connseK
IX It ii ftupiio«<^ you have had crtun-
Htialt tupfiflfe your counsel that have ad-
^Wto make this objection, have instruct*
i^ t« ileraibiHits in Uie statute it is.
hmi ^y lord, 1 desire my counsel may
troftdidtudheardto it.
LC J. 1 It'll yoOf that by law M'e can-
■I hm ooonid to any such matter lliat has
^fiMr^if olMection in law in it? though Ibr
^ Mn, I w»«h we could, because 1 wonM
mhr^ counsel can say to make
^tb ion, that Papists are not
tfml My lord, I wish you would hear
i9««Mlnit.
t»Ci. Lmk ye, sir John Friend, you have
^■■idhn this statute may he turned to> and
y^ A^ In have theiii read, and they
^ ^ ife read from the be^nniug^ to the
.A^ 1 4mM the stjMnlcs of the 25th of
(lbt]Hnl« the 3*! ues the Ist
KSUib nf K. UieSd^may
^ Wkal diaptcr is thai of the dOth
tIw tli« ac^ootid ?
fttally It is not put down in my
, A Then look out the chapter, while
■ftqgf tka iilhiT^ Lyjok ye, g:eut|eiijeii
r jonr, «r John Frejhd does desire the
Kfoir t^ of Edward 5, may he reml,
k m Ihe sUltitc alMjiu treason*, and the
-t.L. i, t.» t^ iniitctcdY and it shall
' Jirken to ii.
This* iH made in the
I Ihv thiril ** A do-
Untl he judged trea-
inious huve bei*n
^<4 tri^aaout shall
at i^L"
^Jfml, 1 h«^ the favour I may
1 10 be retid.
art,
ium; it will
II, 1 am lid-
• »i» vv\ our h ua tn^a-
TittBurrecUon : and iu-
Tiling men to come from beyond sea is no
treason, unless a foreign prince be invited to
corae with bis own subjects ; for Euj^lish,
Scotch, and Irish are not enemies, hut leUels^
and to be dealt with otherwdse ; therefore 1
leave it to your lordships, for I am no lawyer,
only 1 am advised to insist upon these things.
Then the Statute of the 2r.th of Edward %
about treasons^ was read thougbout, only about
the middle the priaooer made some interrup-
tion,
Freind, 1 believe this statute ts not the sta-
tute 1 go upon ; that which 1 mainly insist
u[iou, is the statute of the third of king; Jaxnet
the tirst, cap. 4,
J list. Hchcby, This is the same statute yoa
arc indicted upon, tha iH'eat statute for trea-
sons ; and as to your objection last mentioned,
what is treason and what is not, he is not yet
come to that part,
Freind, Well then, let him go on witJi it.
(It was read to the end.)
L. C, X Now it has been read, is this tbtt
statute you would have ?
Frcind, There must nei»ds he a mistake bm.
to the chapter, it i^ set down the 25th of £dw«>
S. but there is no chapter.
L. C. J. Yes, this must be the statute, ii re-
lates to treasons, and it has those words in it,
that what you'read out of your papers relates to.
Well, that wt may go on in order of time,
what statute of king James is it that you men*
tion ?
Frcind, It is the Sdof^king James 1, cap. B^
it is upon account of tendering t!ie oaths ap-
poiuti^d to be taken bv the statute, and (reading
out of a paper) to tell the court that they ought
to have the oaths tendered theuK
L. C* J. That is the buhiness of another
time ; read the statute.
CL of Arr, *' An Act for the discovering and
repressing Popish llecusap ts . ^^ >Vh at part is it P
Freind. Truly, my lord, I cannot tdl.
L* (^ J. It is a long statute, but if he will
have it read, it must be read all.
Freind. My lord, I would not give the court
any trouble, hut it is about having the oaths
tendered to them.
CL of Arr, I beliere this is the para^ph,
^^ And for the better triul how his Majesty's
subjects stand a^Tectcd in point of their loyalty
and due obeihence," &c.
A great part of the Statute was read, relating
to that matter.
L, C, J, What else would you have read,
sir John Friend ?
Frrind, 1 only gather from thence^ ttiat do
Roman Catholic In capable of sweariug agiinsi
a Protestant, L»ecau!ie the piipe and the priests
can abawlvt? them from their oaths,
X. C. J. Well, IV hut have you uiore to sayf
Frkitd. My lord, t ojily « peak this as to Bo-
roan Catholics, tliey do not regard an oath
against a Protestant, because they have their
priests that can &b«olva theoo, and there fore
1
47
iviLLrAM HI
1 . 1 i.
.//.
...I,
anj t'<:a^^ 1 h<pfie vour if#ni»hi'> i«u: iii:.'^% it.
M vQu are ■: ▼ couo<«'=-t ; lor \*ia are aa>«ixuel
^r me. a<» «*';i aa itie kii:^.
£. C. J. Ye», >C9, [ woold Mp jou ia anj
tbia^ I cnuH.
J si^/^- M* fcrd. I itvik r>u : I «:«*>% y-<:
to fk«!^t nae. lor I am as inc'iocb a^ :h-r c'-.-.y.
onhora. i*hAL<oevcr th«4 ri.«^i i.avf» S4r>.rr. :
These are ha?'i tiiLa^<» 'La: jre iii-i uv>ti a
fTcnileaiaa. ar.«i bo um:i u •sifr ^: :l.-» rit^. tb^'v
itaaj ftwom by two PapHis, tsLo vriil swear
jL 6'. J. I^^k je. air Jobii Fri^:::*). have yoa
aoj viitn^vc^ tf> proifuc«r, i-iai tbeM: two men
faa.'et:«y •iupU«^ure or mAi.i^xsAizst jjj, 1^:11
tbev sbriCiM aceorte yru tiLi^!;. .'
trtind. My lor*!, 1 a f. ♦'"•ry I hi»e not iry
wit:!««fies: 1 have Deen «i ke^-^i u », :^^t I ha'l
not Lrne tor people l- crmc to lUfr : K baai d>x
my cAuaw-i to c-jin»? :o n-..: "t? . ••■■ S:i:iL liay.
thai, I til ink it wa^ Friidv ei-i ■ r YrA»y i^-
tMliinby: I h^ii rh^ui coc t. ': FrL-i^y iij't i*?
jrfUrriorHB: 1 wa.« koi v> €?•-.? rb*'. d>V.- v.*-:-
perrui-rH tu cvr.*: a: ine: •• ; Ti/ursfliy i J x-
«n oritf-r, iiu* r*!? r? wa* k iii!?t:iNfc ;a :»r; order,
aiifl I H«sifr: i f> a"*-*: R-' ■••Jrtrr ord^r, but 1 eouid
no*, wt ary if^iy (o t;- ^airiLer orler lor rae. ti>
hate irv trie:; .4 ti co rini eo^ufre !Ot>> zhin^.
or *'ise I iiLouJ'i i^aie I'/uikI out £dou^ ot' w'ic.
Att. G^.n. I a-1! sare he Lai! an onic-r t'.r
coumel. at th'^ «a[ne t;oie that oocice was '^ren
Ihoi or tii^ txidl.
7- C. /. Wh.-n was that?
Aif. (it :. On Tii^V ;V, !rv lord.
/.. C. /. *Vh4t sav V /u tr. I't. >lr. BaWrr?
^Ir. Bik^ . My *h'-.<, I .i:.l alt<-i..l »i.- John
Freiml im Tue^Iay la>t, m jitc inm r.' ti-.;: *it'
Hh fial as thi^ <iiy ; ard I 4t the 9.i:ue tin^c
toUt liirn il li^- ^M<;l*i iiamt.' b.s ^'mn* 1 10 tr.c, 1
w^iild |T'#..iire an oHer lor ilirm '" come 1.1
bir:i. The ut-il rnvnin-,: he .»;ts j.lexse*! t*
mnieirt mc sir Ba.-tho'oniew Sh«#wer ; I to*.»k
the iilvrty t-i t^\. biin. thai he Itui^ w) c«»a-
cernwl ar tl»e H'Misfr ot L»/nN, an«l at the com-
mittee affint pur!i;iin9!.tar> b:i'*iD">'4, sorn;:
otinr ]^r^f>ps ttiat ba>i tumeil hint of their
cot2ns«'.. iiii".*;:l»*nnli:i^ iir.ki* were |irociired
t«ir !jm?: Tij ,■ » iM liip:;- -s i!jeir csjUp.v L jtl b\
tha! Mi'-'-iii . t'.it \ V. .1 .T <{ • .-.i"*:!.!! i) .•! iiim. aiiii
l^rtat i!r'r ". « .i-. i''*»'ii 1. • !!ie ri.-i'^iiivra ; and
theretorf: l' • ^!/- J li -n tii C'lij-i'Irnt it, n'.iu tu
•eiir]to^:r [' jhIi. ome-* ^.i^jwer, ?:tul aay wlit^r
coini'fl ili't •« iia'i a ti:.ri I t^t. a. pi ku'itv ttirir
|>l»^i:«iirr<«. v.>,i\\*A.r iUe\ wnui'l atn-u I hnii ;
ami if \h: uijii!>t ^nil ni»r wonl. I i»>i;i!il procure
an oril<-r tor liiiii. Hut m-.l iif arj:.: troui him,
1 went «"i Urin«'vi:!\ ii> b:irj a^^ii.. acl he !
he hfiit to \Ir. NortlKi , but lif uouUi imt
K to him till be hail j^puke witu ^ir Hartho-
Hkiovttfr, but he wuaM send me word
I w|ht, yet he did not. Bui the next day
M Mr. BaddKh to ne to the diiko of
.f ZJ** >rr-.. .-* tf.i: ae w Uli! h,iTc .*.'
ijf' -1 ii..»--i. ' !^.t.:*-»ua:r-\ I prin:
'i-ir :ue .t, i *•; i*aj ike ^eot wim .r,
•.>;3 i .- P.i .-T-1 -^ ; 3Ir. U ciue;
Cr-*.-. t. .r ■ ...- -t iheixi. ^lk. r.:i
•*f»l---. I irr -••» :>*.w*iew'.iich- acN
u»l. aivi Mr Lii:r ri^b »err to b-
: . . Mr. b-.-.ei.-.i ii*; ibe ••r.'.'
r-'j€ I a.-ry i ;■> !iiri». 1 cat,P"t h^'|» 0:
ii:
. C^-^i WAS LtM *.r\lKZ t'<
Mr. Baker. U wa.s upOGTburvlaj
I Fr-i i. M_\ i'HiJ. may i s^^^k? *
/- t.'. J. ^ '-'».}>», wint}OU will,
F -i : My ir-i. the reasiic wh
kPy WtiRias^^ »j- th s : ihtrv wi
m^n. oo^r n)l«-;el t i.-h. iieuietumi
L !• as. I .^ '.'■ ;.-.T..«.k to :fn. ar*! 1
Jij'ii ■. .:'i i :ur. e iLorc^. 'h** J-.'ja
me IV ;..» !. ridvea^i -Dnltr to ::
.■-li atTe*: \L\ -fci :;r*»»-« ; l*i!t th«:\ ■
1.. ir,y ■:.« ...! ii:.--r^i.r'^. t> ;t liie-. i
r.i: ii\e<isr ^rr.'-a . ;n !*. and » a i
; ni« I.. ^42..; .t-y . ;" r^,^ aa.si?tAr:ce ; 1
«iw wu .i a 'cs jn t, ■■■••* wa> iipoo r
J.' . O -. .U : vr Mr. Cx-iii. :?:«
^"'jt. •"L-v^.: r'.rr :?. b? was !H;CJrfd
' Ci'^a ot Trea-'L^.
L t. J. Ii yju h.i:l w »iitei] iny
i\a I Li.i •: •; b»'en s»^ t i.'y j. • L».-.-tni\
pecte: I'j iie. you t^Ii^h:! : !;jve*iL..«vt»
ifi.il earn*' i».'; ti» ri.r. i ..iT.
Just- t:,.-r.i^'.. . ii-.t i»iy l-n| ;.ut
iii y .11 J.i*r :""•■«. c.'M \- 1 >hew a;>\ r
lhe>i»- jiersoas sa •ui'j iiife ait\ ii;ii
Ff-'fi ♦. >Iy '. r-L I wi- c «t ? ■ 'i:
ycr a-* to kii--v I'itse 1:1; ^^ : 4:.
tii;n:r. thi: a l.k: ; iisit'* : i.;*.. s.\n nii
ih.iij. t'.TU.'w. ::»!.. ii^,..r.i iiw*.' r»»il
null;.-! ti.» iii'i.^tr. Mi'-'litf ti i\ art I
iii>i .K.>i>r n«».
II "-^iy. N'T h;i*e voiir ;-. lii.ex.
lb it they aiv !»"::i.i:i Calbvl;'."s. bu!
lLt:\ a.«: rfi>;i:c»i«4r).
A. C". y. \\ cll. 1 raiiDLft It'll M : a:
would lidve Uir ■ i. ;|' ilit \ l,.'..» i^^ii
Ha*» you a»'._> m.-n. i.i sjC. s.r Joii:i
FuinJ. N ». mj lonl. I ieavo ii u
\i»ii, niiH tliejiir_\ '••co:iS4iiiTcl'it.
Sif. Li. :. Mj\ It |iL'a.so yniu- ;.-,ri
\i»u ijiMliini.i • t ihr j.iry.'l am of
iJ»i«» caM: r'i»r tue k.n^, uj^aid^t mi- J -.I
the ;.n9i<int:r at the bar ; and 11 c* uus
til sum up the e^idciue tnai iia> U
Sir Jo;in Fi'viiid, ilic» pii^-iuirai the i
but oui). that hi' li.i:ti h.ihorto had 1
inal. an { iiv Nu...i ii^«o i:j ;easoii t«»
ih.it Idi hi!ii ai.j. iiijury in i\\\ pa
sure b'.ih l.t», aii«! yuui ami :I | ^
lAtrJI reuiembtT, whcu persous of as
lily as he is or belter, had not the si
or liberty of defenw« in such ca^cs, a
tlenum 'has had : and though all 1
Jhff High Treason.
t fh^ tliiie was| ivitbin all our
i intiifCtticy wws no ssfety for a
^ moA leflifiir his Hberty ; and wtien
imm taken awa^, und ure uivaii9fl,
t^Srt iiiuiIiid'^. Th^ tJTiie «'ns,
|H«ileitif»^ ...r., , .,. ,..,.> iK- . ^.irrh of
qfwikklj litiHcff
Hrr a vt .1, L . iseit is
* y, tfip time was, when
kill when Pojiery (for
if|»f*n the wifne!i»fe») njts
hoth (14 and it ; and if
tfi« Uaxani of liis litV. ind at
, bJMl nnt re«cupil U5» Iherf is
i (ml ihut all Ihdt we feared At
[d hsirR b«4 n nmde i^ood upon
* ii uinchfdy thioif lo
J sort cif people
f*f\' \y > n what w<» ttjea
rontinimtly endcftfouriiitJ!: to
> * • t( i'i an ttnofratfful
iire<l his life tln^n
' ir.re to defend
'ji oiir ene-
c a i^tarlv of
they ran to in r title itcir
Wis iJi-uc^lyS Kulijecis, atid
If, ivfiJ-n h« is present
not »c<*use Ihe pr'(j>onrr al
I ttitiugti it IK pliiita be knew
' €^U? I dH^re before God,
[ Iciiop n"ibir;^ of it.
if it wffe iinuMi^ equals
uoi^ritiffiil tbio^. whtn
' ■■:' T my deli-nce, ihtt
life*; i>r when be
I ti- , . .... ujy estate, 1 aUotild
I spiTiltDi^ bit. '
* ||u- nrkr^ntfr at tl»e bar is not
J of» anil wUal yon
rvidenee nf» tnen
I rr*tite to bim : hut if what
_ iidfnee i^ic*in!(t Itim is true,
r«i th'' bar in one of those |>er*
%TCke all bc^ can to mak<> this
•^ bcvn tbe plate of rrtrt-'at for
to (!\ In fram pe^fifoutitw in
i M^y to m^k^ it »s nn-
tJiat fif^m wliioh fhey came.
—r iipTiin*! *hin» ii,
■ en it in «^vid>?nce,
>t ifi LeadenhaH*
prisoner, and
- r t<» consider
xrick the late
_ afid i at la«i, tliat
iMioui'l h ' dy hi to
' iHe J io bor-
eblcioaft . liiKiOhorsef
iii»i| ;; nnd that he
k« ittiAt ' '.td wiib
ite him
to meet
A.D. 1696.
[50
to go upon this errand, was Mr. Cliamock, a
person lately executp^l for the treasons of which
be was attamted. Mr. Chamook was diffident
whether this was the f ffeet of sober cousidera-
tioo, and thf^refore wnntd not undertake to
carry this message unlit there had been ano-
i!it:r oi*eiijig of the same persons 5 to see
whethf.r iiit^j continued in the name mind.
Another mcrtingf accmthngly was appointi^d,
and agreed upon, and thai was at Mrs, Moaut-
joy's tavern at St. Jiimcs'ii, and there, he says,
there were almost all the p<!rson« that were iti
Leaden halt -street and at that itkeeiing the
question beii»gr asked, whether tbfy were of iho
same opinion, that Mr. CharnocU siumld
Ifo to France to the late kinr^ upon lltat
me^^apfe, that I told you of before? they did
u!l Hirree lo abide by the old rfsohition ; that '
h^ should go, and make as sjniedy a return as .
he could, and bringr hack the lute ftiiig^'s anitwer.
Captain Porter tells you, that Mr. Charuock
did sfo to France, and "comcis and brin^ wonf '
l»ack, ibat the French kiogr could n<»t nt that^
time Bpare that foree that wjis then desired ;
dad sii it was delayed at that time, becaube tba'
Fnench king was uot at leisure then to employ* I
bis men in this service; but it was likely tor]
b»?e taken p^nce, but very latily, if the pron«
deoce of God had nnt prcTenleil it.
Oeutlifineti, our next witness is Captah
Blair, and be tells you, That about two yean
atro, sir John FreintI, the nvis«uer at the bar,H
niieweil him a commission that he had received*
from the late kiojj James, to raise a regimenlf j
of horse, of whieh he was to be eolonef ; thq
thiH was *i^ned James R^^x at the top, and
cijuniersigned by my lord jlelfiird, ami it wa» I
in p:<pQr. And that* there wpre a ^reat many]
c-'onyultatiotis between sir John Freind, himself,*
a Of I others, about the raising of this regfi merit,
aod jirovidinpf officers for it. He tells you he !
was to liave been lieutenant colonel, and wa* J
to procure as many o0icers ar»d troupers as hi
€Ould ; and he Icils you, he did procure several I
officers ; and he names ihem ; one Fisher wai f
lo be eldest captain, oneVernatti, ando0eHall|]
aniJ one Hertham, and that Bcrthnm was to bN^I
lionteiiant to Bliiir in hU own troop,
Geiitlemrn, a gi'cnt deal of tie eridefio9|
which captain Blair U^ given, is indeed out i "
sir Jubn Freind's own mouth, and that ia 1
strOiig' an evideuco as possibly can he iriveti{1
and he does f*.r tlut ptirjiose tell you, that ht j
said one Evun^ was to be a captum of hora«L|
and one colonel Slater was g^rown so loiM'h iii]
sir John Freind*8 favour, that he rif alk d cap*l
tain Itlair, in the opinion of sir Jidm Freinaf
and fiir John Freind f»>r that reason would biivt
two Ijeuteuoht colonel**, whereof 81 or er was to
bf» one. Captain Blair say*;, he took that
ariiiis, that any one besides liimself should be
in thiit post, and rercnted tt to t ir John Freind ;
atid thf'retbre sir John Freiud found out ano.
tlit'r ottice for Slater; :ind that wu^ to be a
captain of % trioft of horse, that khouM consist
of lion-Hv^ earing pnryons, and wluclt were to
b« an independent troop.
£
0?xr.i£3n?L £.i ^"U jm ^uc ic nil jk iLzar r*iua J^i'v-i^i mi iinr mt'ir
:l:.i ; -^!:»- nr-r inc -jt»^ ii-» a "UH mdkt uu iii»c Fsri'ia-a miiisr'iHiii n ir :
-:.^ .1' ii-.. *^. I -n riti rtiiut^u. v-iici le uw ler •!" ueo. iau r^ n je » r i. r ;
..-»i\ l.iU i:« KiS ^'iii. HiiC BT ^UlB Ml~' . Iiri I:i ILm Vic .1 0K *•.:
.' -.. •! '..it ii.:i. ii;^^ iiLi« j«t::iiinana. wk » ltd Uk ThuuD ii-si •^^■' «J- ■:*.
I ii.iiit-:- :.4..»^.:: u ii'rw. uu •!•( Ukc ir hik "nif 2r=£ ide*. i^ii. :s^'- itt isii-
y^' ...11*. ::.^ le vb» .. M k s:ii;uii ii&sv^e. i*i ^-t^l. ml uu am't t ;a sr •
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r ■■.-_•* -i-.a nr : • --_iiii i^- -ti sut:* am ik «-5-: filBi iiieaHn:. . 't- 1:
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M B^^9 nt 111 IXtt "vs*-^ n « ;:t^.^-
Iri^w'TfctH 4«M .. ;v)>« • .U «i.4 is.
ir oayntry^ and to your-
\ gnilty aceonliii^ty.
turn made,
1Wimip«ft o'' -^
Mivbia Mid I
^fvMttof tbr
Mr. C^mner. Ifj^wr JonlsUiji pleases, »jmre
«r t v^knl oa iJie Mtrie sitle, iMy loni, I do
•ttmoMtf jQOr lortl6lu|Miut of nn Hfiprehcn-
MB ilut ilittns tit ADV ibiij^ nccf^^ury la be
■il* ibe cudrt iti tfii?* matier^ or torVhe n^ !
(MbfeHii <»f tii4.* Jiiry, but, if imssibi^t, that we
M^tDttriticr the prisoner at tbe bar, tbnt tie
ImIiI mmU^rd me«iuref in t\m pr«»«(eoiitiou,
■Mliliini, hot tU4t be b jvroved cfiulty of
iiMBt of Mhtcb be stands &ccus4:d/iind
M wtSkw iherr tt no u ei^bt ai all ia tbe dc-
fi discredit one of
If, froili some dis* ,
lo buyfc i^iUKsefl be-
Uere |»roibtr.ed, in
e. And the first
. iipOQ Btuir'tt (irftt [
"1 t48 to I bat titne,
to uo more than lUin ;
ite^piiii lUair would nt»t ijoniess, when be
■■pBfed Itj n fellow- prisoner, tbat be uaa
i^^lfti^fO to horrid a de*ign. What iveigbt
tarifm «arli a& objection, truly I cannot'
m,km will k«ve it %a any uiaii^s judjarni^nt to [
«M^, ihttlat] ; be i!^ Iresbly taken '
Ifiancfc til (V [ < y not immediately
«■*• ba guilt In * % t TV mi<ly tbat meeta Uiin,
vyfl* fervoQ* tftiit would not bare liked bim
1^ «sktft*« atirh a eonfeasiun, but perhaps <
^^M faA»c dcslK^yed hifn iu prison for so
YW nWr dbieofiTBe wm upon Friday » tbe <
^»»4i», I ikiiik^ before captiui Blair went to
•M^f-V*!!, trt ah enaniinjiiou ; and then he
^kBi«<il into Btutr'ft cbaml«er» when i
[ ill mfon tbe bed, accost&Uim nith
fijf m bis ban<U and with gfoud ad> I
Acne tjuiei tbat bi^ idiontd take i
wbai he aboidd say at llickbV
t llie lik« : tind tiien ciiptain Blair« it
iSA exprec'c Mime relurtaucy in tbe ,
r«aaj^tt|[ Mbnut, as if it were ai^'ain^t
kwdtnatiou. If tii;it were true, !
n BUir ilenit^ it pf»kitiv^;ly U[K)n
l^tl «ras no more than, 1 am willing
fe fof tbe ttrKiuif r, t-npiain Bbir did
I l«r«v whi cait.e into iMinrt ; ^
f 1 xr iii uAttiral, since
br*fn tii% trkiid und inliuiate,
|WMiii^ 10 ib-p^He tbut a^j4in^t bim,
I l&«ly ta pritve fatal Ui hitn*
a'f in nn-'tbiT part of bts defence,
itK ;h ; ttie (4%i4len(*e brouf^bt
I Ibi . H *ijliita»scfc «f L' ri*puttrd
ll^abcMM'*, ;tiiii tbat the prisoner is a
iFMimaiit nf ibr cltureii of Eof/bind.
t-lt triM » ^'^ n Im* ritlionjUy
|pii V \A this, tlmt
Bfii*#^ « .*......; .vlitin tliey en-
• Maek and ex^tTuble tU-fu^n,
^tffjjt^od PapiMa ; but 1 am ^ure it
t ifrt«i^ thai Inr (krisouer ifi so doiu^
I faftd PnHdtanL ^
ht olijectA to I heir evidence tliia |
A, D, 1696* [54
lik'^vise, Ihalt if tbey be p*j*ist<, they may be
absolved by the pope, or their pricsM, tlhiiigli
tbey nboutd linear fiihely. I^oasibly tbnt tnajf I
be so, for ang-ht I know ; I confes^^, I mn not I
%ery ^p\i ait^uaintrd with tbe prinripU-s
thai rVli(^on t but ihi!¥ 1 dure say, that every j
one, who has h€ard \i'h»t ha«« been swiirn by j
tbeni, ivill think it ftn great a disserrice to tb« ]
popiii^h i^use and interest, th»t it will be ou#i
of the lost tilings their priests will ever ab*
solve them of,
Uly lord, there is another matter the \m*
soner has thought fit to in^iisl upon ; Ke hag
broog^ht two or three elergvoifn to dtfitse^ J
that whenever he diseonrseil ^ ith them (it |
seems at all times) he was talkitiir about fiein^
iu a plot, and ^ery readily told m> resjolution
not to be in any. It seems it still snaui up« j
|>eniiost ; hia professions were made very ]
cjiuscleiislv : for they all say nothinLr jutro*
dnced therii ; but of 'bin own' mere mnliou he ]
WU8 alwsvs declaring he wa^ not llien in a plot,
nor ever' would he. I hove heard, thut on© j
way, weak men ami chtldrt-n often dit»eover .
their knowleilp^e of a secrei iiilrn»fied io thpm, i
is, by a repeated and uunccetiHury dcclartng'i j
that they know nothinj^ of the matter.
My lord, in tbe next pbce fur \n*i defence, <
he itiEt offered a point ol law ; Imt I be r«*uri so j
well tjalisfied him in that, that I titiuk ho ,
waved it. He alledg-ed^ that a Imre conspti-aey <
to levy war is not treason ; and tht' court did j
him nght in deelurtng (as tJod forbid but they
should) that it h not treason : but 1 dtsi*e lh# ^
g-entlemen of the jury would consider ilitii tho
prisoner at the bar is not accused barely of^J
CO n<t piracy to levy war, but yon are told to <
what end that war was to be- feiied, to join tho i
late kind upon his descent into this kinplouf '
witli a French power, ia order lo drii^e hit «
iDuJesty out of the kin;»di>m, and lo deposo !
him Irora the crotvn ; which is a killing bim
in the eye of tlie law : and that is b i&(ti- trea-
son» by whatever mcuns they in tended to- 1
effect It; wt»ciher by war, or a slab| or any
other manner, it is indifftTent
In the n>'\t pLice, my lord, I would nofe
take nohce fd' another pari of his defence,
which had bcuii l^^tter let tilnne, wherein ho |
adnti(*» iluit he was prejient at the two ineeliny^
he is act used to have been at by Porter ; but
he only dtHei-s in one point, tint there was no* <
ibluu; ttilkt^l then but u^rnerat and indifferent
di>*courbe. I'lie witnesses ha%e swoni what
the di«}CourHe wns, and you will wetfi;h the one
ai^ainstt the othH"; his nlfirmntiou «'t a ihiojj
nnhkely in defence of tiiin»»elf, aini vvlinl is de- <
posed oi>on outli by the king's witnesses to the 1
coiitniry. ^ I
My lord, there is one thinif more I wnuhl j
lake notice of, and Lh^t is ih*^ evultnee o| >|r.
Bertham^ which we di> ii«»t produee nsiiaihieet 1
ewitlencc yuanist the prisoner :tt ihe Imr, hot af j
a eoolirmulion of wh»t was swum by Blair.
Aoil kt does shew tluU the uKitti'r Hworn hy \
Hialr, was not of late devised out of nia«
lice, or otlierwbe, to deairoy the prisoiier ;
I
I
I
I
I
65] 8 WILLIAM IIL
for 1 bat Blair acquainted Bertham frith, and
diiscaurHeU tiira atiout Ihe priticitMil matters of
faci, that are now sworo, at Wast l»o years
ttgtj; diid lK^»des his evidence and tbe evi-
d«fiice ol Bittir concur in tbi^ particular, that
lie was i(i lie Keuteitant in Blair's troop.
My lord, such & coocurreucc of eTidcoce
and other cirouinstauoes iu this maltsr^ t^rpatly
increr*se the wet^fht of the pro<if a^rist the
pi ihoiier, especially when there la notliinf^ tiia-
li-jiiil ull«*tl^ed by him in bis defence, and
therefore 1 shall trouble )our lordship do fur*
Iber.
ii^C*J. Holt. Look ye» geolJemen of the
jury. «jr ,loba Freinrl, the pri^ouer at the bar,
i» iiidtct^^d iiir hi^li tre;ison. The trcastiti thai
IS in«*rjttnDed in the indictment i» ciHispirinn;^,
c»tti;Ki«8in|^ and irn^pning- the death nnd de-
atinciiun uf ihe kin;^. To prore the conspiracy
and desi^u of ihe kind's dt^ath, there are two
principal overt-acN thit are ni^iioty insisted
Upon, The one n the eonsnltin^^ iiud airreeing
vith d'vrrs others to send Mr. Charntick into
Fiitiice to kio;; J^mes, to desire him to per-
suade the Frej»ch kin^ to sond over forces here
to assist them; who were to furnish other
forces for Iheraisni^' of a war within tbis kiu^-
doni, in order to drj#oae tbe ktng^ : and ecvord-
ingly i\Ir, Chai uu*:k was s>^r»t upon that de^igii.
The other overt-uct is the pri$on*?r'ji bavioAf a
coinntiN»ion from the tale kin||, and prt>parm|r
and direelini^ men l*>be levretl, and U> be rea«ly
to he in a reyimeni, of whnb «tr John Frcrncl
was by that commission to iie coUmel ; and this
was aiway« to assist in the restitution of kln^
James, and in order thereunto in the deposing
and exfujlsioii of king William.
These, yinitit:nien» ( tell yoa» ^rt the two
overt -aci?i that are priori piilly insisted npon r
and lo prove sir John Freind' guilty of these
ihere are two witnesses that have been pro-
duceil; the one it) explain Porter, whospeiJia
to the tir^t, the other is captain Blair, «vho
speaks to Ihe second.
Capi'iin Porter tellR you, Thai, the latter
end of May, or the bejfinninq- of Jime last, he
and sir John Fix^ind, nnd othens that he men-
tioned, were at the Kint^^s-liead tarern in
Leadenhnli'^lreet, and there they enteretl into
fi disi^dui'se abont the relomint^ of the late
kin;^^ James ; and they did con«iid^r anriooi*'
iheiuMilves w hich was the most effectual way,
and what were the miftct probable means m
have htm rastored : and tbereu|>on it was agreed
among them, that they woubl send a messen-
ger into France to him, to dewire him that he
would solicit the Frcocli kinc to furnish him
with jOjtKX) men, lo Iw sent into Eni^land,
8,000 foot, l,ODO hoise, iiud 1,000 draLjmins ;
and ihey did agree, that when these forces
were sent, consisting of this number of men,
then Ihev ^vould bu rendy to meet and join
ilicin uith 2,01/0 horse : every one of them was
to furmi*h his quota: lo which sir John Freind
did es^ptessly aj^ree. Tiie mes!i«!ni;er tliat
tliey agreed to »«nd was mib them in com-
p;huyi aud iteard tbe cooitill^ ivliicii was Mr.
Trial 0f Sir John Freind,
Charnock, who was lately tried and smce
cute»l .
This being at that tim<? determiuefl,
Cbarnock intended to go upon theeitxntwn
that dt^igu, and made ready for bis |oi
but hefoie he went, he bad u desire to
witii the company again, and Itare a f
djscoun^e upon this luatter, losee whether
did persevife in the re&olutioo tliey
taken. There was another meeiiog
week or a ibrtnighl after, which was
Muuutjoy'fi, a tavern in 8t. James'
wiiere tiiet sir John Freind, capudo
and divers others of the company t\
htlbre at the King's- head. And
entered into a delmie of the matter again
quesiion there wai, Hbetber Mr. C"
should be sent into France, as it was t
agn^d ? And there it was agntu iletej
he sboulil go ; to which beugrved ; ao4
tarn Porter says, that be dtd go about
three days alter.
31 r. P'i rtec tells yon farther. That about
time th it Mr. Charnock CHmelNtck, Mr '^
was in prison, and be did oi^t see Inm Uf
^rst return, bnt iif 4 rvinrds he met and
with him, and ask<^ hou whHt nus the effi
of bis negotiation ? And ftlr« Charndck 1
bioi, that lie bad done:oi he was dir*el«d; 1
he had been wtth kiu^ James, aod li« 1
spoke to the FnAocli kiiuj ; hut U%** iiusw«rr
turned was this. That the French kmi; bud
casion for liis force?* that year to lie oihfrwai
employed, imfl therr:fc»re he could tiot aHi
i siich a number of men thut year; and I
j Portfr asked him wbeiher he btui
I the rest of the gentlemen, ami urH|UAmiMt tlw
I liierewith r And he said lie had. lhi*»t«t
substance of Mr. Porter's evidi uce ; where!
you may perceive what tbe meetings *»ere ^
what resotulions were there taking, and wf
waaithe issue and effect of them.
The next witne*iK is rapl^iin Blair; and I
evidence giHJs to the other part, that is, to
John Freiud's having a conmnssion trom I
late king James, uiiil engairing him and
lo be in his regiment, vi liereof sir J ohn waa
de colonel, and the providing of otHcers* Jy
' for that the evidence siUndf^ ms t
Captain Bt^iriellMye, ih«l about two orthi
Jr'ejsrs ago, be was with sir Joht« Freind at I
odi^ings in 8nri*ey -street, and there be il
Sirnduce a commisKiun tbut be had from ku
Fames to be colonel of n regiment of bora
be was to raise it himself, and w;ls to apj>oi
Htid provide what officer he thi»UL;ht lit. I
says, he read tbeciminiitision, and it was sigl
ed at the top James Hex, and countersigned |
tbe bottom ilellbrt ; this he is posiiif e in ;
lurtber, that sir Jofm Freind did pmnnse
he should be lieutenant colonel ot this regitii
and aUo tlint cootain Blair viould get as ci
men as he could ; and that there wore
officers that were appoinieil in that ri
and particularly one Fisher was brought
!;ir John Freind by captain Blair, to be
first oaptatu^ aiul one colonel Slater, wiio.i
IhnBiiiotlier
for High Treason.
I b imroitr with sir John Freind, wss, ta
er Ueuieoant- colonel ; fori t^id
mmAt I liafe » luiml to bini to be
■nl-CiiUine), and though you are m
Irt is no i natter if we ha%e two in this
t; at wliicli Blair look ?ery great of-
md expresaad as much io sir John
I; wliereu|)Oti sir Johu Freind iM Uim^
1 Dot be 9iH hut said he would make
provitioa for Mr. 8later ; that he
I be It ca{itiiia of im independent tniopt
boutd be composed of noo -swearing pai-
, and tb«t frhall satisfy him.
And sir Jotiii Frfiiid 4id intrust caplain
lair Kith the {vrov.thng of men, and managing
f lbein« And cav'tuiu Bbir tells'you, he was
iA|^f«ai de^l fd cUiirge, and bid out direrse
imt» cure»« theui, and keep Ihein together ;
li imiimifr inotiey (o procped in that aOair,
ICMOM Io lir John Fi find» and tuade great
iliAi ii{' ivBUied money to carry nu
^in^ the men to kwp Io*
<j |>ress**d wr .John Fi'^ind
tolMMrii turn %viih mme money; says lir
Ml, There is lUO/. due Io me, beeau>^' i kid
b«B loot lo tun he? the escape of colonel
Fiji^otk lias receif cil it, and hail
i to pity It me, but I cannot yet ^et it,
11 bave Wl' «»ut of that iOOi. it you
unlit. WeU, buthow ia that 20L to be
m^f It acems there was one HamKoa or
tkmam^ prmt^ who had some inter^t to
. and he was to htJp hun to it ;
tUt* 20L was aetuatly paid the
of June or ibe beginning ot Jvily
ttO/. be swedirs he did receive npou
bv the direction of s^ir irdiu
•a employed af you have been
BJair had occasion for more
t was Home time after I^liehat4niAJ
wuh lo be emjilityed as the t-umier
nI hf was verv tiupurtunate to ohtiuii it
r Jono Freind: at Uutj^ih he did obtain it,
> you, and the manner how. He pro-
iltfttW under sir Jolin Freind'sown haiid^
Hjimiit Io be MO ati^wei' to a tetter thut
, Blair bad «»eui ui turn betore, he thiuku
IJ^bebta own hand, lor he in accjuainttd with
!■ baud- writing. B<it that is nat all to
intf it hi% band I lor the eoiuents of the letter
it IMnarkable, which are about the payiueul
iwrnomy U* BKttr : The ktler bears dale on a
racdU^ mcirumgfi aud is directed to captain
Unr; and a porter hroug^ht it, as he tlnnks^
I bai buuse; and ihetaby it waa ai»p<itoled
bailiiax abould meet on Thursday next a! Jo-
■lbia*a coffee- bouse about the hoor «d tnelf e.
M a0eonliii|fly captain Btair came U\ Ju-
ItfdHa*^ eutfee^bou^e, where be aecoidiistrly
Mbaiitliair ioba Freind, aad there waa Har-
iMVlbe priest^ audPigi^ott, and (here he does
latiiv^ a ftiin t»f monuy upon the same uccouni :
bllMi iKiw ibe proi^t of tiii^ leitar doei^ not
k barely u|m»q the knowledge of the band,
cOQbaiiS of It ; and the subsequent
tiae aud place ateatiooed in
A.D. 1690.
[58
ibe letter, is a great evidence that it was tir
JoJin Freind'a band writing', and more monej
is proved to be actually paid in I he presence
of sir John Fretnd, which h the most ma-
terial part of the evidence. And you are told
further, that as sir John Freind and captain
Blair were g^^ing together in a coach, from
Jotiaf ban's coflfec- house to 8l. MartiLi's-te-
grand, there was a discourse betwet-n them :
and sir John Freind said, For his part he would
not stir till auch lime as tlie Toulon fleet waa
come about, and joined with the Brest fleet.
That he did think he waa in dan^^er of being
apprehended wlieo it came about, and therefore
captiiiu Blair was tosculk tdl then, a&he himself
lold him he would do^ but yet be should get
what men he could. Aud this is a great ar-
gument of Uh he'inft concerned in the iniended
invAiiion, and that hi si making prL'paration for
hijs reuim' 01 bad relsvlioii lo the French tuva-
sion which was ex|H>cted.
It seemp, two ye;irs ai(o, there being- a great
intimacy between Blair and m* John Freind
as appears by all the evidence. Blair waa ac*
quaiint&il with this desij^n. For you are fold
of the letter that was writ by him to king
JameSf which he shewed lo captaiu Blair, >md
it wan ccmceming bis reg'icneut; he say», ihnt
sir John Freind owned he writ ibal letter him-
scll'« that Bhir did read the letter, and finding
it sfi well penned, he said that he thou^^ht Fer-
guson had a hand in it, at which, air John
I Freind w as angry ; but tllair says, the letter
was coijcenilng the* re|fiment of which sir Jobu
Frt-Jiid w&n colonel.
Tlinn, tjemlemcfi, you liave Bertbam called
to prove^ that Bluir did tell him, that he was
lo be hi."* lieutenant colonel, which was long
beltire there were any thoughts of any disco-
very of Ibis iutendeil invasion, and hetore the
dit^overy 'd' the plot of assassiiitttion, which
&ir John Freind <tid own he had some know-
ledge of, hot he disliked it» aud said it would
ruin king Jameses aflbirs. 8o that, gentlemen,
1 think thiii h the mim and substance of the
evidence that baa been given upon this occa<
sion against nir John Freind, to iiiddce you to
|jelii_'V€' him U» be gudiy of tkils crime witb
which lie now stands charge d.
But uow ^ou are to consifler what sir John
Friend aays on hehaif of hunscif In the
tirsi place, be makes an obje<Liion against ihe
cvedit of all these witneHsen, that ihcy are not
to be believed, bi?cause, says be^ Uiey are known
or reputed to he lloman t'atbolics and Papists,
and their consciences and their oaths are large,
eiipeciiilly wbeo they think they can do an in-
jury to any Protestant ; and therefore they
arc pot to be allowed a^ witnesses, at least
their credit Ls not sufficient to induce a jury
to believe them. At first indeed, he urged
there was a statute and u law that did disable
them from being w itnesses i but J must tell
you there is no such slalttle, nar indeed is tbeir
being PApiats any dimiuution at all to tbe Cf«-
dit c7 tbeir testimony : (For Papists are legal
witaeMeSi aad IbougU there wee «tti4^t« W>aa U>
59] 8 WILUAM lU.
pvniih tbcm for thtir wn-cookftmiij m the ,
roorrii of EaglaBd, and for other their IVipah
pnctios ; ycc 1 kaov of w> law that readcn
F^ ¥o« are I6 cocsider Pm^om are ChrirtiaBB,
r hj the noae oraa^rehrti that IVo-
K«io; and aa for that supfoait>M. that
ihov look opoa Prptiitana aa Heretics, and
yadhffwuina &r aaj oaifas that the j
L them ; you are to coMier, as It
hm Terr weA'ehserreii by the Hag's
cottDJol, that ^ey are Defer lilce*io okaia aaf
dhyeiiiiitinn or parcSoo. if they iboiJd Amvear :
«ht«uel«es to Meat the dedlps of the B9pah
faity ; aad tlMTctore it b a very iaeoasii&erabie
•hfcvtiea, a»«i in lav case haih'no «e'^t.
But liiea ue doei isscat open is, that ca{)taiD
BSasr &» so: u be teiMf^ ; aa*! there are two
ohtetUMi^ he gtokes against him. Fkrst, that
he j^ deoy that he knew aay ihioir of the ploc
For Biair'beia^ npca thia*
friaaaer «> the Cue-hovae, aai aAerwanlsv
^paa a liisuwuse of oook news m the flriac-
whoeiD it was menfawieU that captab
hid cfium.ll all. «»i ataie a Mi di>-
aaJ thereupon he 4waU ot. he was
t of the piM. awl knew toidw; of iL
Yob. feaarwea, or to esaoder the weight of
^hai uOyecco^ Fim. sa^vmr he had nai so.
ii toiiCtH be. he vaa bm wiLac <» be «^s not
obhtred to owm ic. and vooU w< cimaesa ii u
that dtocukito thoKe DersBOS. Ik «as boc
hia iaceresc aaii Tnalersce to be too opea ; asJ
•hezefrjcf ii 'i'sesairc fxiifv. 6ct ^lecause a baq
«oa.«£ QfK STTLsc tjc-frs t*^ bs cJOAfSKea. bat
deaiKii ajs> £:o«ie<i^ qix p^*:: vjmo -jHfre vw !io
orm&'.a f*:-r •.•n r> ow^ it. s^itf 3ow li^; *wexr^
it pcRU'Vtf.ji. :-<r«ftH>r he iixou.a swear Tii»*i\r.
Cir toe «Li<:ioL::p:a .-r CiZiirse/. aa*i iji te»-
Bxai>«iy. cjtf ajcn u* oiiiix -jei-idrw*: :> ^«u.
that 3< on a<K &1V &^ K3ew 9'^ j^v :iif Hc c:'
the 3i':c. a*ic ;.'i Ccn liiv eoa«:er^ t. jc ajiuw-
fe mii-2 «r J.. .-a r .-ein*! j* u-jifX. i* »»c:^c
heM%' 1 j*^ ui t::^* •ft:si;£neo as8a>t>uM&*'j. set
of a aeii;ri w-.^^ »Mve >i 'topuiM '^tf a:q£. joti
MRurs kiA^f Jauies.
Ften » ai L3tf -jcier ancasr :ii3C wjo o^^
Siac i« •'n.Jd u» 'ijocaua Bsair^ ciukiiiwr. aoti
mrk 3.ir:!-f t i.;* >nac a* Se a warh?** jc
H.ini:< s-ixi ue i".n ton*, lai said. 1 x^i God
lirrff:? - -m ; uii j« ny* w v^. lil*:!! prmmc
nut z ^T-fci api^-c 3i» csBiciHaL-v. iizd le
■am ' «i K ji v^ry JTvv crjOMe a^oi£C ic,
aoit i^ici -9 jQiTCj. L>ic ]u« vjyiin Biair
OAonasaL ^isiii^ esLinixt^i i?mc lii.-« cocft. >bws
tirs '- soMiioe'y. nui za.>r- m «Hr «.m am lay
WM.v': ma^ ij zijz t w .* n^ 't bis ova>
■r.cace H<f iay^ ixac .4«i^«avy ^ j< n to am
-•- ]}iiiL. Jai J< ■«■ w io-ftre
>:i:::^ li baev bi^toanx K«e
le i^ite nriMiMao to ne
if iwean; toiKto*
vuh; ami Hr.
7ns/ //Sir JcJfai Jrend;
Beside*, geotlenBea, yoa aretoi
probabiLty of that which Mr. Courtney a
When m aiaa is to be m witneaa the next
npcto a bill of indjcfent bdbre a prand.
that he should be so itoiiscieeC* as to lej
bad J he was goin^ to swear against hia
^cie^l^e. b stnc^ aad very iiaafowiw
Yo« are thciefoie to rniiiirtiFr of this ^
matter, what evidence ca^icziB Blair has g
aad the iapait of ii, aad the wci^ asi
dtoility of that evidence which is pvea 9§
Then air John Freind
aaatier : Says he, I am a
nat GkelT that I tbntama
an 9V7->^if !u «ur'j<'
af ir.nd a.« iBinCi^
fas ml
lor tbnt he hoa called e%ht
TontherhBre'
ftefBeatly taumatd with him.
he was ever piipaihly i
they have been fn^iBitfti ia'h&i com
sinee the Revc'miBB, sBd they never kar^
ataar tiaaeheulbuUBd Bfon the ^ooeimi
■ay. 1 thiak one mid. thai once he did ro
a man libr taOuac — liimiily at the pi
meat ; that he »ed CMSCutf y to ^o to c^
t\Mr or lire yean ago ^thoogh there is i
coont Of that anee • Aad partienJaitv
ii sne Mr. Laipam that was hm rhiplim
hetefla yeo bewaoia biaboiHe: aodlfat
rend the* cvoimoa- prayer in the tsmily
the Rrroiu&oo. atai prayei tor the kiae- to
!iice ^oeen. aaJ nr Joda Frcuad w^f eiftm
seac as the pnycrk. aad ponicTikLriy whi
prayed tjr tse {rmeiit kaac. aa-l the
(^i:«<Ki : bet ce sajs he ^uxnaisit' hx» be^ ]
th^fn.v S7e i«ars».'aAi b-to jcen iioae confo
wi;:> 2ini HM.
Tcere 2f aobUier w'.tiesa toils yoo. he
betnx ^ >.r J-*Qn Fcvisd'y ctiiiig>*a« iL-versB
m-3it7*ji ih* 3eii<vc4W 3e a FtniceaciBa ol
chc-v^i vf Eii^asa. asti ham aad a diie
CMjicvru.u^ u« Trvseoc x^veraowat : am
siT Jjit3 fc'mod «Lti. iiA.li liiiM^ra be coal
a.<e 3e MiOd^ iu«i :3c kov cuoiiirai to thi
v^rninefu. y^ be * is -e^ t*«*l '.o hve ^
aacer :c ; ia<i w<*4 ii jcc tuiruce .a aay bb
oc pri*c pV be ijtjc onccifaM a m ^ \he
«iM«iia JHl Site iB i!M 'HhiCtj*.
Tbj« » ne turn *aa MObCUKv rf the
deace la buch ^niies : aon voo. ;fvaik
jrv ir» cvaaMiier to* • i\zn£ 'ti txs port «
defeiice tLt?. votftaer is je a 4u&*:eut as
to L-ie ev.ueo.-tf scivm j|^imsi« i.iU, aat
wai(rSc «n:iia^ ai jtifr-aoi-anof wniU the
3KtfM» Sir wi« JL:*?^ 3a*;; $«'Mn ' F<K a«£b
be TO a ftV^esfciiic ^«fc :c » Ti-oin be h
i^nnL: o^tibc a> tr^ ^j«mm<a& : jnd rtiec
wvu;d auc Kike ;3e 4«U2o : aoii ci^Mi^ bi
preMrac » the coujomo ?ra%«r.^ w^a the
jo«i iiiarvo- were pra^tAi air. y<t wbetto
90iD*4 a tiawo iirat«r» to niry aac-e
^fVmran! a <nraB 3nm« . wno see nuc «cr^
adevaeil to the prmoac*^o«e
ba a lars
>1
for High Tii
JL D. 1696*
^if j<ii nti)«r liny ITS for the present ^o-
\ pMWM Ar t-rt : \uh nmnrU iic:' lluit fscru^ile^
tttt^af that too;
^0 wkmh i; tt Pro-
MWrifti (ie in
• linkii re he
tmm If ttal Ltnd »botitii ditcrmUt these Yvit-
»MMsM fiifi' iMUfii bp hti8 bct-n j$o much
r«BMJ In ft Ptot. y<m ttrtr to CfJUHitler ; atid
CWfHV '' -nil uAturc of the ovi-
iiMli \ ih« other, it must lie
lM#jMr «M[MrT|iM .11111(1.
Ha the? ti Aiifiher thing that he <hd in-
fti ipB, Ufd that tti maittir iif law. Tht^
MMi^ tif IMli ¥J, 3, was read, which is
^paimiatf %hm\ trc£i«cms ; und that does
■ liTRstfiecieM of ireitfiOii, and declares
M W tms4»ti. One treason is the
ami ioiaginint^ tlte de&^b of the
il thr leryinjf of war : Now,
iW«f it no war aclonlly levied ; and a
K-y or tlf&jgn to Wvy war does not
lilt la»» aijainst trenson. No^v
mmi I**!! you, if there be only a
wsr, it is not treo^n : bcil
^lirf«i»f»irory he either to kill the
ihinu or iitifjriftou him, or put
upon him, and the way
^aff^fCtiDg of these, is by levy*
^^t tficT^ the coii*?oltation, and the
, , ^ Ir? J a **ar for that purpose, ia
Ifl^lniidct, ihouuh no war be levied : For
■^QBultufnn Nud cou!<piracy is an o?ert-
tapmit^ t\^ lompiii^ing^ the death of tlie
^*»W4«ih«< firm treH-suo meittiiiuod in
^mmnl tiic S5ih of Ed, 3. For the
J^^'AsttaUiic are ; • That if any man
f^,^^f^ *^^ imagine the death of the
fy-' . «w» bmuii<' H UMU ilesijfUR the death,
^^^^ *■ drjtructioii of the kinff, and to
J"^fu» •§fr«o and consults to levy war^
not be high 'treason, if a war
liyWvbd, 1*1 u very str&tige doctrine,
- ^ haa aiwiiys Iteeti iield to he
TWnnwiy be a wwr levied without any
Lti.tr'* ofrson^ or endan^ritig
U'vicil is high-trea-
;; f} levy war, with-
rson* Aji for exain-
J I hie themselves, and
o to unine bw, which
and hope thereby to
Icvyiuff a war *and
>^ and d(*«ii|^ning it is
iM>rii iiiij eiideavfjor tti great
*lli«QK iHlk focce lo pull down all in*
l» tXpel atrmngers, to pull down
|r*^****i !■ Inrytiigvf wnr, and treason:
l^t purpgtHDjS aod de^iq^iiinrr to raise
It imttt Utr tiseb » ptirpoisc, tk not trem-
St^tm feffttrr Edition. As to th is, wne
isCIVMir ^rt>ih\i t rihd olln t, if:^ jJiis
ruurn III
numbera with fi>rce to inake^oine reforraation of
their own heads, without pursuing the methods
of til* law, that is a levying: of war, and trea-
son, but the purposing and designing it is not ao.
But if there be, oi* I told yoti, » purpose and
dei«i!{n (o (leittroy the kioj^, and to depose hiui
from his throne, or to restrain hitn, or hava
ixny power over him, which is proposied or de-
signed lo be effected by war tliat is to be levied,
sneh a coD»pirar\ and eonRuhatioir to levy
war, for the bringing this to pa^, is an overt-
act of high -treason. So that, fTPotleQien, a<
to ihai objection, that he makes in point of
law, it is of no force, if there be evidence suf-
(icietitto convince you, that he did conspire to
levy war for such an end.*
Gentlemen, the evidence you hsvo heard
what it is, you may consider the weight of it,
iind the eireumstances that do attend it ; and
likewise the answers that have been given by
the prisoner to invalidate that evidence, and to
prove the improbahi!itj of what they have tes-
tified against him. You have heard, I say,
the evidence on the one side^ and on the other ;
If you are not satisfied, that what the witnesset
have sworn is true, that sir John Freind did
engage in such a detii^n for such a purpose,
then you are to acquit him ; but on the other
side, if you believe that sir Joint Freiud is
guilty of what the witnesses have deposed
against him, then you are to find him Guilty.
Juryman^ My hinl, we desire we may have
that letter with ns that was produced here.
L C, J, No, 00, you cannot have it by law*
Juryrrtan, Alay it not be \ci\ with the Ibre-
inan, my lord ?
L. C. J. No I btit you may look ytmn it in
court before you go away, if you wilL
Then the Lctier was handed to the Jury,
and one of them banded it to the prisoner.
L. C^ J. ^by do you do so? Yon should
not give the prisoner the latter*
Jurytnan, It was done to see whether it was
ht« hand ; and we desire, if there be any Inidy
here that knows his hand writing, or that
saw him write it, inav he prtiduced.
L. C, J, Why ? iJiil not be own the letter
to the witness atteruants? It was &wom to you
he did ; and that he met according to the ap-
pointment in ttie letter, and thai money was
paid.
Then the Jury withdrew to conBidei of their
I
* As to this matter^ see East*i: t^leas of the
Crown, chap. «, sect. 9, and the Stat. :i6 G. 3,
c, 7, i. 36, The doctrine of ro untrue tive Trea-
son is much agitated in numerous cases in thi«
Work. 8ee, in particular, the Case of lord
Russell, vol. 9, p. 577, and the discussions to
which it gave rise, voL 9, p. 605^ et teq. i the
Case of lord George Gordon, k.D, 1780, and
those of Hardy and liorne Tooke, a. Dr 1704.
See» also, Mr, Luders^s Co odd c rations on thf
Law of High TrMson ^ the articU of Levying
War*
swnjUAMm.
Mr.CUrk. Here {Mud m id a ike T9A
ymtrfef4ttt?'-~Jufy, Yes,
CLifArr. WIm» OmQ Mj fcr jMi ?
Jarfjf, ihir fmrtrnm.
a. t^Arr. ¥k iolm Fmid, Md m A j
hMi, (wlndb Im my Look apoB llw piv
•ODcr ; bow «iy ye, w Im Ctaihjr of ilw kifli-
tMMon wb«roof be ttoadf biftrttd, or flol
ChifHy f— Fot^mmh. Guilty, wy lord.
CL if Art. Wbol foo£ or aMttd
«r tciMflM!ffit« hul be 01 Ibr tiae of the bigfe-
irtawo comoistted, or al aov tisM noef
IbrMMn. None, tooor kaoirlcdge.
X. C X Jaikir, look to bhn, bo it I
0vil^ of bi(|[fa-tretflM*
CCofArr, Tbeo bearken to your venKcf
m the oourl bae reeorded h. Yoo aay thai «r
Ci.tfArr. Crycr^i
Cfjprr. Oyex, oycx* eyes'! Aft bmoi
noM tbat bof e ai^ dnajf BHiir 10 do, )
idTerariacr, balde* ler ibe city of Lei
awlGool-detiveryofNcwiiatp. bnlim Ji
dtj of Lnmim md ceaaty of M iddlcoes,
for tbie tiaie, aod ^re tbc
fCfCB o^cbck ; aad God Mve tbeKin^.
TbcD tbe prvoaer was carried back to
gale, aad «rai breugfat tbe aeit day to t^
to oiirr what be bad to eay tor ttay of
; aad afleiaaida leoeived eeatei
aaatraUor.
385. Tbe Trial of Sir William Pabktns, knt at the Old-Ba
for High Treason: 8 William IIL a.d. 1696.*
Then tbe Jory that were retoroed in th
nel were all called orer, aod the appem
of thoae who aaswered to the call we
corded.
Aboat ten of the clock tbe Judges, (ti
tbe Lord Chief Jnetice Holt, the Lord
Justice Treby, and Mr. Justice Rokeby,
into the court.
Tuaday, March 24, 1696.
ThM day the Trial of Sir WUltam IHtfkypa,
knt. came on at the Sessions- House,- Old*
Bailey, fnr II iaii -Treason.
CL of the Ar. Cryer, make Proclamation.
Crygr, O ves, O yes, O ytM. All manner
•f porsoni that hare any thing more to du at
tilils general sessions of the peace, sess^ns of
Oyer and I'erminer, holden for the City of
London ; and Gaol -delirery of Newgate holden
Ibr the City of liondon and county of Middle-
■ex, and were adjourned orer to this day, draw
near, aod gire your attendance, tor now they
will preeeed to tbe Pleas of the Crown for the
eetM oHy and county : and God sa?e tbe
King.
C7. fifAr. Middlesex. Cryer, make pro-
datnation.
Crver. O yes, You good men of the county
of Middlesex, summou<Hl to appear here this
day, to try between our sorereign Lord the
kkig, and tbe prisoner that shall be at the bar,
tnswor to your names as you shall be called,
^try man at the fint call, upon pain and peril
shallfbll tberetipon.
^ ■ ' ■' ■ ' ■
* See Kaat's Pleas of the Crown, chap. 9,
■eot. 8, 9, and tbe autborities there cited. 8i*e
toOi in this Collectioii, tlie cases of sir Henry
fane, vol. 6, p. 1 10» of Messenger and otiiers,
t«lO» p. aro { of Wbitobread and othera, vol. 7,
1^. till of bummmm and otbai»»A. p. ITIO,
Mdof l>oiooii,a.D« UiC.
CL cfAr. Set ab William Phrkrns
bar. r Which was done.) Sir Wittiam
kyns, hold up thy hand.
Parkynt. My lord, if you please, I h
beg tbe favour of one word hefore I a
raigned. My wife cominsr to see me
distress, sent up a trunk of lioen for oi
and the sheriflTs of London hare seized
do detain it. It has linen in it, and all I
oessary things, and all things havo bee
from me, since I was appre4ieuded, but ^
there; I have nothing to siihsitt upon bu
is there ; for no money can I get from anj
nobody will pay us afarthiiig.
Mr. Sheriff iBuckingham. My lord, w
sent for to Mr. Secretory Trumball's
and when we came there, there was f
that had been seized, as belonging to s
liam Parkyns ; and when we came th
was opened, and there was in it some he
linen, end some plate, and Mr. Sei
Trumball waa ideased, afler having se
the trunk, to seal it up, and deliver it
brother and me, to be xopt ; and this is
know of it.
JiifT High TriUMftu
Wbere wts ibis trunk
W« fouM if iu the secre-
' It mmm ilelivfivfl to UiS tliere,
^e « rerr«^ fof it to \mit^ it duwti
I rm^led ^ir i y^ cfid not \kt\£Ai it.
lx>ok ye, Mr WiKtam Purkyns,
wmm urisrtl, I fiii|ip<Hft?i in order to
. Vcs, I Mieve (t was ; but I hope
Ktliiverie«t back now they have fWuiitf
'I li«Ye uQtUing eljw to iub'
%% tb^re.
r may plate tliereT What is
Tlicsre fs aorne clia|vrr and ,
pH atid some piccw of
bnndrvfl otim'^s of [sWlc^ for
» bAd it from the Secretary's ^
f iKd not Md^ it,
mlgei cofititlted tmoog them-
Tte atifcHl 10 bare hi« plate ta sell,
Bk iKat he may have bread.
iill yrmr lanhbip |ilett8e to direct
IHrisritback?
tHk^^otme care or other shall be
k My lorlf t bave nothin|^ to sitb«ist
mm I cfto niJ^ke something of wlinl is
ppv m wile and fourcbildreo, and no-
i IfpOD.
[ yiwir wife make application for
ar^'s. It cannot now bu done
fit I not Miiiki; complaint of it
1 bei'n Utken in it.
1 c Has a petiiiun ;
; a K\i»^e. pris'iner, anil thry
I Iff a* a pi4itioii ; but fny wife
any thinK of it to me till af-
llbiH^ talk'd nf an order of coun*
had for the ibnifTs i$4ri/in|^ it ;
be ui euoitirr! into it, there waa
hi, butoaly to aaareb and exa-
rdl, tome order shall be taken
fi^noi. My h^nlf we tiaTe given a
»1baftiQf«c»ry for it.
ba %un»x hare wherewithnl to
ly btm bread while he \% in
, lord, I »w?€ Mr Bnr-
sr John Frriiid'« fcoli-
uld buuiidy move your lordiiitip
Ir kii|mrc*l tfito, Imhv hn cnine J»y
fallbt|ttry vr Forii»e*iu»i
I a«i a« it H C11 tiie j»ri-
Mnorl
. hi** I Ibink then can ba no
)i ■ * * ' •' ': it wotdd be
ilia > 'itineiL
U* in. [\Vlu<^h
' r.* \ I he jidtinel
IJrJ.-.-.- --.^.i:*
I tiail tlirte fcraral co-
nie«tent me hj sir John Freind'sfnemU, to the
Hon* tavi'in alMjoi ihree or four o'clock, and
I dt^livered one of ibeni to Kir John Freind ;
but he had one before I deliyeretl mioe.
L. C. J. Who sent thera to you, or brought
I hem to you ?
Bnrki^k. I had them brought to me by u
porter,
Mr. Bakcr^ You know yon might have had
it from the pro|frer othcer, for asking'.
Burl, I had iliem brought me from S5p
John Freiud's friends.
L, C. J. Can you tell who had it from th#'
aherifT.*
BtirL My lord; I know uot: I had threo'
ctvpies sent me in a quarter of an hour's time ;
whence they came, I know not * the sheriff \
know8 ine, and e^^ery body else.
Sh. Buck. I do know you, and would havar
you be fair in your praciire.
Bukcj\ The inquiry ia made, because m*
false copy is put ujion him ; you might hav#
had a true copy it you had apphed yourself J
right.
BurL I sent to Mr. Farriogdon f»>r it
L. C\ J. The sheriff dc'livered it the se-
conitaryi who Uthe proper officer.
Just. Hokebf/. Sir John Freind said he had
it from him yesterday »
BurL But lie had one before ; bow he
came by it, I can't tell ; nor whence those
came that were brought me in.
Just, Rokebtf. If you will not take care t»
go to the rijzhV place, it is nobody's fault bui
your own, it you suffer by it.
BtirL I \\as with my lady, and delivered
a petition for \\m trunk.
L. C X But it seems it was under th«
cunifzance of the secretary, and direciion was
vfivt?n 10 go thither : some care or other rau^t
bt? taken in it, and shall \ but go on now to ar-
ruigu the prisoner.
CL of Art. Hold up thy Imud. (Which be
did.) Thou standest indicted in Middlesex by
the name of sir Wihiom pjrk^^ns, late of the
I>arish of Hi. Paid C oven t Garden, in the
county of 1\ lid dtejsex, kt. For that. Whereas
an open, nod fHilonouMy pnblic and most sbur[i
and cruel m nr, for a long tunc h»th bet^n, nndyet
is, Sy Eieaund by land, Itjid, carried on, and pro-
secuted by Le^is the Ficnch ting, against th4
most senrne, must tltustrtous, aotl most excel*
lent pruioe, our sovereign lord U'ilhain the 3dg
by the grace of God, «if Eagland, Scollnnd,
trance, and lrc^laml« king, defender of lh<l* i
f^dth, 'Sec. During all t^hich titne, the said*]
Ijcwis tti^ French king and his suhjecls wer«,
and yet are efsi'mies of oi*f said lord the kinff^ ]
that now i;*, and his subject*, Y^n ihe said sir
William i*iirkyn3, a •lubjt'Ci nf our said sove-
n ! ' TJie king thsit now is of this kingdom
< ' well ktiowiug the premises, not,
1*1...,,; luri fear «J Uod in your heart, nor'
\«'* igbiusr the iluty of v^nr alh'ginnre, hoi
bMiig mot*«d and K»<luce<f by the iuKtigation of-
\hr tlevil, •• a taN traitor against the aa)4
67J
6 WILLIAM m.
Trial of Sir WJHam Parfynt,
P
iDOsi ferene, uiost clement, and most cxoenent
prince, our said soverei^ lord William the Sd,
ttow Wio^ of En^rland, &c. your supreme, true,
Datural, ri((htful, lawful, and undoubted sove-
reign lonl ; the cordial love, and true and due
obedience, fidelity and allegiance, v^bich every
■ubject iif our Mid lord the kin<c that now is,
towaniii him our said lord the kin^, should
bear, and of right ought to bear, nithdrawin^,
and utterly to extiuj^uisb, intending and con-
triving, and with all your strength purposing,
designing and endeavouring the goremment of
this Kingdom of EoKfland, imder him otnr said
lonl the king that n^w i<t, of right, duly, hap-
pihr and very well estiildished, altogether to
subvert, change, a 11 '1 alter; as also the same
oar sovereign lord the kitig ta death and final
destruction to put and bring ; and his faithful
auhjects, and tlie freemen of this kingdom of
England, into intolerable and most miserable
slavery, to tlie aforesnid French king, to sub-
due ami bring; the first day of July, in the
7th vear ot the rei^n of our said sorereign lord
the king that now is, und divers other days and
tiroes, as ueil before as after, at (he parish of
Sl 1^u2 Co\ent-Gardon aforesaid, in the
county atmesaid, i'alsely, maliciously, de-
vilisluy and traitorously did compass, imagine,
contrive, purpoije, design and intend our said
aovcreign lord the king that now is, then your
supreme, true, natural, rightful, and lawful
soTereign lord, of and from the regal state,
title, honour, power, crown, eommand, and
fl^ovenimcnt of this kingdom of £nghind, to
depose, cast down, and utterly to deprive;
apd the same our sovereign lord the king, to
kill, slay, and murder ; and tlie aforesaid Lewis
the French kincf, by his armies, soldiers,
legions, and subjects, this kingdom of Eng-
land to invade, fight with, conquer, and sub-
due, to move, stir up, procure and aid ; and a
miserable sluufj^hter among the faithful sub-
jects of our baid lord the king, throughout all
this whole kingdom of England, to liiake and
cause; and that ^ou the said sir William
Tarkyns, to the aforesaid enemies of our said
lonl the king that now is, then and there, dur-
ing the war aforesaid, traitorously were ad-
hering and aiding ; and the same most abo-
minable, wicked and devilish treasons, and
traiterous com passings, contrivances, inten-
tions, and pur)Kme8 of'yours aforesaid, to fulfil,
perfect and bring to effect ; and in prosecution,
performance, and execution of the traiterous
adhesion aforesaid, ^ou the said sir William
Parky ns, as such a iaise traitor, during the war
aforesaid, to wit, the same 1st day of June, in
the year abovesaid, at the parish aforesaid, in
the county aforesaid, and divers othar days
and times, as well Ittfore as afler, there and
elsewhere in tin* same count}', falsely, ma-
liciously, advisedly, secretly, and traiteroufily,
and with force and arms, witli one llobert
Chamock, (late of High-Treason, in contriving
and conspiring the death of our said sovereign
Isrd the king tliat now is, duly con? icted and
fttaiatcd} and with divpM othtr fiise Imitors,
to the jurors unknown did meet, propose, tra
consult, consent, and agree, to jirocurBf frn
the aforesaid Licwis the French king, of his sal
jects, forces, and soldiers, then andyetenemi
of our said lord the king that now is, great bh
hers of soldiers and armed men, this kingda
of England to invade ami fight with, and tolsr
procure and prepare great numbers of ami
men and troops, and legions against our m
soFereign lord the king that now is, to rise i
and be formed ; and with those enemies stai
upon such f heir invasion and entrance into tl
kingdom of England, to join and unite ; n
belhon and war against him our said soveici|
lord the king, within this kingdom of Englaa
to make, levy, and trage ; and the same oi
sovereign k)ril the king so as aforesaid to 4
pose, and him to kill and murder. And fli
ther, with the said false traitors, the same ii
day of July, in the year almvesaid, at the poril
aforesaid, in tlie county aforesaid, traitorsoil
you did consult, consent, and agree to wm
the aforesaid Robert Chamock as a bm
senger from you the said sir Wm. Parkyi
and the same other traitors unknown, as fl
as, and into the kingdom of France, in vm
beyond the seas, to James the 3d, late n
of England, to pnipose to him, and deal
of him to obtain of the aforesaid French Unj
the soldiers and armetl men aforesaid, lor tl
invasion aforesaid to be made ; and intelligaM
and notice of such their trait«>rons intentiM
and adhesions, and all the premises to thoM
late king James, ami the said other encmil
and their adherents, to give and exhibit ; tl
them to inform of the said things, partiealsii
and circumstances thereunto relating ; as ak
intelligence from them of the late intended a
vasion, and other thingfs and circumstaiM
concerning the premises to receive, and tha
to you the said sir William Parkyns, and tl
said ether traitors in this kingdom of Engfaui
to signify, report and declare, in assistsM
animation, and aid of the said enenuea of oi
said soTereign lord the king that now is, in tl
wtLT aforesaid : and to stir up and procure tha
enemies the more readily and boldly this kioj
dom of England to invade, the treasons m
traitorous contrivances, compassings, imugis
tions and purposes of you the said sir Willn
Parkyns aforesaid to perfect and fulfil, and i
the premises the sooner to execute, nnana|
and perform, and the invasion aforesaid to m
der and make the more easv, you the said i
William Parkyns afterwards, to wit, the IQ
day of February, in the year abovesaid, at II
parish aforesaid, in the county aforesaid, ai
divers other days and tiroes, as well beA
as afler, I'thcre and elsewhere in the soi
county, falsely, maliciously , advisedly, secret!
traitorouslv and with force and arms, with I
aforesaid Kobcrt Charnock, and very mai
other false traitors to the jurors unknowDi 4
meet, propose, treat, consult, consent ai
agree, him our aaid sovereign lord the kinjp tl
now is, by lying in wait and deceit, to aawH
nate, kill and mttrder; and that eieorahi
High Trm$fm*
iHmiMe n^itssi nation and
Ufaf Ibe mmatwf to ejiceute ami (lerpetrate,
^iitmmpis ^ wtU ti»e same day anil year,
^ivtt^tfiiftHMly y«u ilul trfal, propose and
■■■ll ifftit) tlMJ«« trnititii^t af the wiys,
an<4 n^Mkns, nml ihe time antJ place
*\r s, iitid l»ovv our said
1 Kit hy iyii*!? in wait,
I l^mmfr (it^^lit **^ S nUtii ; nnd (tid
9mim. ixivr st>it n^ ' i ic i^me tmiton,
Ikl WTi (wkrucnieu or ittt i<»:ibouts of thu»e
taan^ Mil wtliera by iIk'HI at»d ycni the 6aid
irffii^iai PaH&yn* tti Ih; liiiifd, pioctired and
I |yt*^fEVl*^ carlnrtrH arid ptstoH with i^rim-
1ir Mill leadt'U-bulli'U cbai^^ed, and i^'ith
ill rap<irr« and 4i(her weapons armed,
ii W ta w^it and hv in amhufili our sajd
[M lii» klu^ it) litt coach i'einf^ when he
'\go 3Air«Kif], lo attack ; and iUiiX <i certniu
ttttCHMpetifit nituil^er ofthii^ men so armed,
llaiMtel iipoo the gu^nb id' our ^id k>rd the
lii|lWp miMl there atten>l»tit>: hiin, and hein^
«A hiSr mmI fthftiild orer>iM»wer aud fight
li#i«Bf wblkt tttbf'rs ot' the same men »o
tmaihm iKir 9<yd lord tl»e king fihindd kilt,
^if»Mrf Mittfvi«r ; and that you the staid sir
VV^ntt Pif%5rik«, then and there did take
^m ymt to fnxiride five hoiies for thos4>
AM ^bigli aboulfl to kdl and imirdar i»ur
■ii WitKi^ii i'*^'' •'^^'Uiiig; andalaa that
jBitW a*iil »: Farkyni, your tre«-
mm^ mimH ytj i as intentioitt, desifnia
I aiiorewaid ti»eiefute, peqwtrate,
wit| the
^^afinh afore-
t camaty aforesaid, divera burses^ aud
W^ mmtf antta^ f^uns^ carbines, rapiers and
vaviiik id itiihet weapons^ ammunition and
^mShnkmff%^ anil inihtary in Mlrnn>cuts, falsely,
tmtmadf •tcrrUy^ aadirauerously did^obtam,
kMf^mthgf^Bml prtjcure ; and to he bought, oh-
iMa^^MllCKsdtUid prncnrcil did cause, and id
fmrm^nAf bad *iiddetain^J, witli thut inten-
•MlkflttuiMMl iimiit Ihedetestnhlf: obominuble
4m $i mm wmi lord ttie king*, and the invasiou
tiknmiA^ at «lbrtsaid» lo use*, employ and be-
^m ; lod ala* joor treasoiii and utl your trai-
Hfoao ialtaiiiiiii, purpoiea, and contriirajiaca
timemid In ««#e«ltef perpetnte* fulfil and fully
knf^ <i!»cl» jroti th^aaid sir VVilltam iW-
'i, to wit, the day and year Idnt
,ai ibe pariah afuresaid, in the county
iy, mahciouNly, ailvigedly,
Irmilorou'ily, divera soldifTv ami
Mid rcAciy to be arned, albr the
f Bbatuinabte and eicecrable aasaa-
[« oml murder nf our said i»o ve-
to aa afoic»aid shouhl he
ad coffitnittedi to ri»« and
•aid reltelUon vi^ithiu thi^;
i of £figtuid In make and Mai;e, attd
ivrai of our aaid lunl the km^^,
t Uraofr^^ra, auhjprta »ttul ^ioldinn*
tmiti l«rwiii ibe Frcmh k\u*^, li«>m;jr about
to oiTaile ibia kua|f«lom of Kn^iand, at and
mtaflMii iad ttitnuct tuu> tbii king-
iBiOMMnittoiaci ait>re%3UJ ti»eiecuie, per
Mi md Itfiiie to efl'ect, 9t\erwards, to ^
^ aai Mor t*it ttbovc^aid, nt the parinl
^yiyii ttic ooitnly aibre&aid, divera bur'
dom then expecte*! to be ahortly made, them-
aelves^^ tojifether with you the s^iid sir William
Faikyi]9^ lo |om und unite, iiud ii»i4> traopn and
lti;mns toturm^ ytin dirl W^Vt li»t, and retittn,
and did procure to be levi#*tl, fiBted and retiuued ;
and those Mitdiens and men for the freaKuns^
inttntitMis and purposes aJoffsaid, then and
there, and nfterw;nd8 m readiness yon had,
ai^ainsi (he duty of your allegiance, and ag^ainst
the pe^ace of our Ktud }iOvert*tRTj lard the king
that now is, His crown and di'jMity ; as also
auuiuiit (he form of tlit' statute in this caae
made ami provided.
How mytiui thou, filr William Parkyns, Art
thou Guilty of thiH hi{jrU trcafton whereof thou
standesi indietcit, or Nt>t <yuilty ?
Purkt/)i$, Nut Guilty.
CI af Jr. Culprit, how wilr thou be Iryed f
I'arkjfus, ByGotlaud my country.
CI. ofAr, God send tl<ee good dtliverance.
ParktfJki. My lord, If your lordship pleaaei
to fkvouV ma with h word or two.
L, C. J, Aj'e, whnt bay ymi, sir?
Parkym, My lord, I have been kept in hard
priaim ever evince I was committed, nobody haa
heea suffered to come to me till Friday' last,
then my coun^^el cami* to me; ami lieinj^
charged with many fucts as I sec in this indict-
ment, it will be necessary to hav^ divurt* wit>
Beascs to clear myjielf of these par(icu1ar»;
tbev arc dispersed up and down, and I ham
haci no ^me to look after thcmi, and therefore I
beg your brdahip to put off my trial till ano-
ther day,
L. C* J. When had you fit^t notice of your
trial?
Parkym, The first notice of my trial was oQ
Wednetday lu<;t, in the aflenioon.
L. C. J, That is a sufficient time of notice j
fure you mi^ht have provided your witncs&ca,
and prepared for it by this time.
Parky m. Bui, my lord, beiui^ kept so close
prisioner, I had no opportunity fur it ; for it
waa not possible for mc (o ^etany body to come
to me till Friday noon, not so much as my
coimsel, atal tht^u there woi but ttro daysi
8alurduy aud Monday, (^^unday is n«i diky lor
any business) and it is impirsskble for me to be
ready in the manner t1»at 1 uo'^ht to be. It is
a perfect distresa and harden p up'm me^ to be
put so soon upon ray trial without loy witiiai»f»eSt
and what should enable xhk lo make my defeuce ;
therefore 1 humbly iutrcat ^our lords»hipto put
it off till another day.
L, C.J, What witnesB do you want, air
William P
Parkym. I have divers vt ttncsse«, my lord,
that can give an account where I was from
time to time ; but they \\re many of thorn out
of (own, and I have E^nt about every way, hut
caimut ^ct them tog-ether in to short a time.
L. C J, When had he notice of bis trial?
Mr. Baker. On Wednei^day I told him, that
he muiit ex|»ect to be tried thrs day, and withal,
thai it he would name me any counsel that ho
would have come to hinii heiibottld baf o ap
order oejLt morDiDg for tb«lB.
I
I
I
I
nj S WILLIAM IIL
L. C. X You were told^ it seemti on W««l-
dav thai y oti might ha?e what couDseJ yan
wouliL
Mr. Baker. Aod be had an onJer upon
Thiirtiduy morning for his counseL
Park^m, I could ncit have it without anjili-
cation to the court al Whitdmit, and coidd \\^\e
nobody to corite (o me till Thursday^ and it was
Fridiiy hefore I ctudd g^etmy counsel to uie.
L i2, J. You rnti^ht have sent ti»r your wit
lie8&e« on Thursday, and employed someUKly
about that matter thfn.
Parky as. The solicitor that t employed waa
eraidoy'ed otherways, and 1 could not' employ
any hcwty el^^e,
jL, C.'J, Vts; yon mi^^ht have eoi ployed
anv otkier about tbatl>uiiiiiie^.
*Farkynt. I had uobofly lo send, f wns kept
close, and noliody periuilted to come to me.
L, C* X Your Solicitor you desired had
leave to come lo you.
Mr. Buktr. Vou know that Ihoae you sent
for, you had an onJer for.
Parky Hi, ! could uot get him till ThUisdny
to me, 1 hiuJ no messeii^er> to nend till then
Mr, Baker. 1 gave ihe keeper direction, lo
let him have persons come to him to send on
any errand,
L. C X The keeper had ortlers, it sremSt to
let any messenger come lo \ou ; and he woul I
have bdped you to tomebudy to send of this
errand, to be sure.
Keeper, I always did it, as soon as I know
Ibev have notice of their triaU
Puriiyns, But the keeper is not always in
ilie way ; and besides, when I hud notice ^i?en
me of my trials tt wa^ execution day, and be
was not at hc»me that day.
L.C.J He nnines 'no witnesses, only be
sa^g he has divers ^vitnetifes, neither is there
any onlh made of any witnessts ; pray bow
lonif is it since you were comiiitijed ?
Parkynu 1 was committed this day fort-
it igliL
L. C. X Your commitment charged you
Willi high'treaMim, and therefnre you kiiew
what you ^lood accused of; were you not com -
milted for bigb-lrea>ion *
• Parkvhi. Yt/s, my lord, 1 behere I was.
&*/. Gen, {H\v John Ilriwles) Jly lord, he
litd a ¥ery fair time to pr«|jiire for Ills <lefence,
for he saw hU name in the pioclamation a c;ood
while before be was taken, and there it is de-
clareil what he stands charged with.
X. C, X You un^rht htt^e harl a copy of
your commitment, you had a right to lii^e it,
, and therdiy you inight have seen what you
were accused of
Keeper, We ncTcr do deny it, if it be de-
aaanded.
X. C, X You cannot deny it; you know
what penalty you are umler if you do.
ParkyttM* Nobody was permitted to come lo
JUC. J, You might have asked for n copy,
or any body else ; lor you hud notice of your
Irial Bu long ogo as Wednesday last.
Trtol ^Sir William Parh/nSf
Mr, Baker. 1 gave him notice of his trial
Wednesday, and tlien told bim he ctitiM ^
for it agsinst Uiis day ; he said he would
deaviiur to petition for a longer time ; 1 1
hiiQ it would be in vain, tor be niosi prepare
his trial to day, and could have no
Uiue.
X. ax Sir William, truly we do nal
any reason lo put off the trial u{ion these j
geijtions.
Parkyns. My lord, it is very bani ; ihi
humbi} beg I may bare the favour, that 1
have counsel a I low ad me ; 1 b&v« no
indktmenta.
3. C, X We cannot allow counaeb
Patkytis. My lortl, if I have no ooi
do not utiiletstand these matters, nor
advantage may be proper for nae to take to
cases.
L, C X You are not ignorant, sir Willk
that counsel ha$>heen alwiiys refused whea
&irtt\ in such cases.
Parkyns, My lord, there b a new u
parliameDi that is lately made^ which
counsel.
X. C, J. But tliot does not commence ]
sir Wdliam.
Parkyns. Mv lord, it wants hut one day.
X. ۥ J. Thiit is AS much as if it wa
murh longer time : for wf are to pr«»crfd
ciirtling to what the law is, and not
will be.
Parkyns. But it is declarative of the cam^
law, l>ecause it say a it was always just a^
st>n»ihle.
X C. X We cannot alter the law
ma kern do it.
Par kyns. Will your lordship be pi
let it be rea«l?
L C. J. Ay, if 3 Oil have a mind lo it» Hi
be re^id.
Parkyns, Yes, if your lordship pleasea*
L C, X itea*l it. ,
CL (if Art , (Reads ) " An Act for .
ling fd Trials in Cases of Treason, and
prision ol treason.'* (7 Will, arid M< Cap. d
All the first pamgrapb of the new Act
read.
L. C. X Look ye, sir William Parkynit,
law has not taken any etfecl as yet; but
]»w stands as ii did before the makmg of
act.
Parkyns. But, my lord, the law says il
just ai>d rtosonable that ii should he so»
X C. X We go accordmg lo the law m
find It is.
Parkym And, my lord, what is just and
sonable to-morrow, sure is just and reason
to ilay ; and your lordship may indulge
this case, eKpi-cially when you see how slrei
notice 1 have bad, and what a little time
bien iilloweil me, that 1 am not able to
any dele nee.
L. €. X We cannot make a hiw, we tuusl
accorrling to the law; that oiusibeuur
and dircclion.
J
Jwr High Treoitm.
Ym^ OT lord, hot what is just and
mmrmkmMi th« law is groandeil
TIm pariiaiiMmt has thoaf^t fit to
ft iftWy which is to comineDce from
''this month : it is not a taw till the
that the parliament bath appointed
ra law.
Biit, my lord, if my notice had
enient notice, 1 had been within the
i by the act of parliament ; and no
lot the advantage of that act from
rd, nor suffer for such want but my-
it a |>articular hardship upon me.
We cannot alter the bw, ws are
sr oaths to proceed according to the
at present.
Pray, my lord, let it be put off till
then.
Yoa shew no reason for it ; you
messes that you want ; nor hare we
at we ought to have in such a case.
. 1 will do both if your lonlsbip will
lit.
rhere ought to bean oath certainly ;
ik you have had fair and convenient
/on have had as much notice as sir
had, who was tried yesterday.
. As 1 am informed, he was charged
t facts about the town, but 1 am
tfa many particular things nx>re than
The act of parliament says nothing
' trial ; that still ciintinues as it was
d you have had very convenient
) oo, Mr. Hardesty, to swear the
\ Sir William Parkyns, you the
the bar. Those men that you shall
and personally appear, are to pass
r sovereign lord the king and jou
f your life and death ; S' therefore
allenge them, or any of them, yon
k unto them as they come to the
■worn, and before they be sworn,
. 1 bojpe your lordship will be of
me then.
8o we will ; we will do you all the
lo. Look ye, you know you may
S5 without cause, and as many as
th cause, but no more than 35 with-
\ 8ir Goddard Ndthorp.
r. 1 except affainst him.
^ Leonard Hancock, esq.
. I except against him, he is the
ant.
^ William Withers, esq.
u I challenge him.
r. Samod Powell, esq.
I. 1 challenge him.
r. William Norlhey, esq.
'• Well, 1 don't except against him.
dr. Hold Mr. Northey a book.
IS doBe.) Look upon the prisoner.
weft ftod tnily try, and true deliver-
I lord the king
' A. n. 1696. [74
and the prisoner at the bar, whom you shall
have in charge, according to your e? idepce $ .
So help you God.
C/. of Jr. Thomas Tench.
Farkym. I challenge him.
a. ofAr. John Wolf.
Farkyns, I challenge him.
CL cfAr, Jame^ Bodington.
Farkym, I challenge him.
CL ^Ar. John Smith.
Farkym. I challenge him.
Cl.ffAr. Edward Gould.
Farkyns. 1 have no exception against him.
(He was sworn.)
CI, ofAr, John Raymond.
Farkym, I challenge him.
CLqfAr, Daniel Thomas.
Farkym. I have no exception against him.
(He was sworn.)
Cl.qf'Ar. Isaac Honey wood.
Farkym. I challenge him.
CI. ofAr. William Underwood.
Farkym. 1 challenge him.
CL ofAr. Arthur Bay ley.
Farkym. 1 challenge him.
CL ofAr. Nehemiah Ertning.
Farlcym. I challenge him.
O. of Ar. Johi) Webber.
Farkym. 1 rha lenge him.
CL ti Ar. John Canf.
Farkym. I have no exception to him. ^
Att. Gen. We challenge him for the kia|^.
C/.o/i^r. Thomas Glover.
Farkym. I challenge him.
CLofAr. Henry VVhilchcott ^
Farkyns. 1 have no objection against him.
(He wasswoYn.)
CL ofAr. Timothy Tbombury.
Farkym. I challenge him.
CL ofAr, Dormer Sheppard.
Farkyns. I challenge hhn.
CL OfAr. John Temple.
Farkym. I challenge him.
CL ofAr. Nathaniel Gold.
Farkym. I have no exception a^inst him.
Mr Gold. My lord, 1 am no freebokiei' in
this county.
Mr. Baker. Nor have you no copyhold, Si^ir ?
Mr. GM. Yes, Sir, I have.
Att. Gen. However, let him beset by.
CLofAr. Robert Breedon.
Farkym I challenge him.
CL d'Ar. Thomas Taylor.
Farkym. 1 challenge him, he is the king's
servant.
CL ofAr. Joseph Blifcsett
Farkynt. I challenge him.
CL ofAr. John Billier.
Farkym. I challenge him.
CLofAr. Francis Chapman.
Farkym. 1 chalteDgc him.
CL of Ar. John Cleeve.
Farkym. 1 challenge him.
CL OfAr. Robert Barapton.
Furkim. I have no exception to him. (He
was sworn.)
CLqfAr. WiUiamAtlM.
»*]
BWUJJAMia
TfUl qfSir Waiiam PaHlynt^
Parhfm. I diaUene« him.
CLcfAr. TbomMSntton.
Farkyns, I ha?e no txcqitioii to him. (He
was svrom.)
CL ofAr. Thomai £dlin|r.
Pcirlcyns. I have no ezc^oa against hiou
(He was sworn.)
CL rfAr. Robert SandtoKm.
Farkini, I ha?e no exception against him.
(He was sworn.)
ClofAr. Ralph Blarsb.
PsrAyiM. 1 ha?e no exception against him.
(He was sworn.)
CL efAr. Richard Bealing
Furhffu, Pray, Mr. Hardesty, how many
have I challeDged.
Mr. Harde$ty, I wiU tell yon presently,
Sin — ^You have challenged twenty-five.
FarhffU, Bnt there are two that I gave
reason for : Do yon put them iu among them ?
that is, Mr. Hancock and Mr. Taylor as the
lung's servants.
CL cfAr, Yon may speak to my lord about
it ; but if tbat^ aUowed, then there are hut
twenty -three.
Par /^fu. Well, Sir, go on then.
CL(f Ar. Richard Bealing.
Farkwn. I challenge him.
CL ofAr, William Partridge.
Farfcyns, I challenge him.
CL ^Ar. NichoUs Roberts,
Farkyni, 1 challenge him.
CL ofAr. Peter uviffne.
Farkyns. I challenfi;e him.
CL of At. Joseph Whiston.
Farkynu I have no objection to him. (Ho
was sworn.)
CL of Ar. Andrew Cook.
Farkyns, I challenge him.
CL in Ar. Samuel Hooper.
Farkym. I challenge him.
CL of Ar. Thomas Heames.
Farkyns, 1 have no exception to him. (He
was sworn.) •
L. C. J. Sir William Parkyns, you have
eihallenged two, and have assigned the cause
of your challenge, that is, Hancock and an-
other, and the reason of your challenge is, be-
cause they are the king's servants. 1 am to
acquaint you, that is no cause of challenge |
hut however, the kine's counsel do not intend
to insist upon it, if there are enough besides.
They are willing to ^ on with the paonel ;
«iid I speak this, because I would not have it
S» for a precedent, nor have it understood that
e cause you assign is a good cause : Bnt
however they will not stand with you^ if there
he enough to serve.
Farkyns. My lord, I submit to it j the jury
is full, 1 think.
CL ofAr. No, there are but eleven sworn yet
Farkyns. But how far have I gone in my
challensee P
CL if Ar. There are fonr which you may
challenge more.
JW/gfiM. There are two allowed me, though
HbaMtajpreoadcnl: AwtlieraloiirftiUf
CLqfAr. Yes, yon mav ohaHei
more, and no more. Edward Thomp
Farkyns. 1 challenge him.
CLiffAr. NicboUs Rufford.
Farkyns. I have no exception of hit
was sworn.]
CL iif At. Cryer, oonntez. William ]
Crytr. One, &c. (and so the rest
twelve.)
CL ofAr. Nicholas Rufibrd.
Crytr. Twelve good men and In
together, and hear your evidenoe.
CL ifAr, Cryer, make proclamatioi
Cryer. Oyez, if any one can infS
lords the king's justices, the king's
the king's attorney-general, or this
now to be taken, of the High-Treason
the prisoner at the bar staMs indicted,
come forth, and they shall be heard ;
the prisoner stands at the bar upon his
ance ; and all others that are bound b;
nizonce to give evidence against the
at the bar, let them come forth, and g
evidence, or else they forfeit their recoe
— ^And dl jury-men of Middlesex u
appeared, and are not sworn, may de]
court.
The names of the twelve sworn- wen
William Northev, Edward Gold, Dani
mas, Henry Wbitchcott, Robert B
Themss Sutton, Thomas Edlinsr, Rob
derson, Ralph Marsh, John Whiston,
Heames, and Nicholas Ruiford.
CLofAr. Sir William Parkyns, holi
hand. [Which he did.] You that are
look upon the prisoner, and hearken
cause : He stands indicted by the imn
William Parkyns, late of the parish of
Covent^Garden, in the county of Mi
knight, that whereas (prout in the Ind
mutatis mutandis^) and against the fore
statute made and pn>vid^. Ut>on thic
nipiu he hath been arraigned, and tl
hath pleaded Not Guilty, and for his ti
put himself upon God and his counti*}
country you are; your charge is to
whether he be guilty of the high
whereof he stands indicted, or Not Gi
you find that he is Guilty, you are t(
what goods and chattels, lands, tenem
had at the time of the high-treason oon
or at any time since: If you find I
Guilty, you are to inquire whether he
it ; if you find that he fled for it, yoi
inquire of his goods and chattels, as if
found him guilty ; if you find him Not
nor that he did fly for it, you are to sa^
no more ; and hear your evidence.
Mr. Mouniag^e. May itplease.your 1
and you gentlemen of the jury
Farkyns. My lord, your lordship was
to say, you would be my counsel. 1
norant in matters of indictments, I beg
be any fault in it, von will let me know
L. C. J. Truly 1 have observed no
it ; I do not know of any.
Mr. Momnttg^ GcntlamaBp Ihia
tfigh Twim
I ti hcmrj &n accysatioti as
Sf^v man, Ibr tt not only
tef vit\\\ a tr^iterons design
\ ihr t!i»> n ijjurnt, Boti raisitjc^ war
tlom ; which was
:' kiti^^^s enemies,
^Atorei|;u iuvMf(if>ni im\ likewise
f^ifaiuin ibc Ur<t of the king,
bff«ii taken away by a
s forth, that
r at the bar,
vrin Ciiarnock, and
: there it was coDsuJtet]
I lou hi procure French
*iiv king^dotti, and then
V Mr.
•thehar
nR^isa tmeneng^r into trance, onto
)kMf Jatnfs, loac«)uairit hira with thifi
and to desifc him to hnrrow nf
Ida^ as many tni^ips aji tie coutd
Haaiiea descent upon this kinifdom ;
Xllt)k««aii»e time were to fur ilitiite the
I as many men as tltey could
linatidti ; and tlie number of
iD(if3D, who were to be firo-
" Ktii ; of whiHi the prisoner
itul fire, who were to he in
land set ujion the king as he
ch, upon his rettirn from
ere lo assault and attack the
\ were liurbarottsly to atisfl^
kin^ in \\is coach : And
I the primmer with under-
pitri' and pro? idc fife horse? and
^ 10 lie umtdayed in thi^ bloody
id lilMJ With gatlrerifiy" log-etber
I of anns and ammunition that
wl in tilt- inffur recti on. To this
pn»otier liufi pleaded Not
b^ not gurliy* i'wl torbid he
Hicted \ But if he br i^tnlty, and
kct, tli« nation experXs thnt you
to the kin|^ and kingdom, and
TI*o. Trevor). May it please
anil \*ni Genih'iijeii of the
sii WiUimn Par-
i#»' ^^> treason, for com -
tni^ty, .iiid adhering'
end the ortfrt^actt
to prore this treason are,
had «#^f»ral meetluga and
• ilmtii a mes-
Jaroe*),
> king.
le king'
ihat he
\\ p€r-
3 royiil
i'>ned in
.,^ ... treaitfta
fkm efideooe to prore these
l« mA nUidi m% sIiaII product, will
be in this manner : it will appear that the pri^
sooer at (he bar, sir William Parkyns, has nad
a commission from king James to raise a regri-
ment of horse ; ai)4 about May last, he with
BCf eraJ others had^ meeting at the Old King^»
Head, in Leadenh all -street, where were pre*
sent my lord of Ailesbury, my lord Montgo-
mery, sir William Parky ns, sir John Freind,
air John Fenwiok, Mr. Charnock, Mr. Porter,
and one Mr. Cook ; and Goodman came in to
them after dinner. And at that meeting it was
consulted and concerted among them, bow they
should bring back the late king James, and de-
pose his present majesty ; and in order to that,
they did resoire to send Mr Charnock ai a
messenger to the late king James, to deiir»
him lo obtain from the French king 10,000
racQ to invade this kingdom, 8,000 foot, 1,000
horse, 1,000 dragoons; and to encourage the
late king to this, tliey did assure him by thtt
same messenger, that they would meet him
with S.OOO horstt upon his landing ; and ihey
did all undertake and agree that they would
do it ; and Mr» Charnock undertook to gti of
this message.
Gentlemen, about a week aAer this meet<-
ing, Mr, Charnock not being wifliog to gd
upon til is errand vithout a good aiisurance that
tliey intended to perfarm what tbey had re-
sohed upon, they therefore had another meet-
ing of most of tlie same persons that were ai
the former, and particularly the prisoner at tha
bar was one j and that was at Mrs. Mountjoy X
a tavern in St< J umes\<}- street. And at that
meeting they did aH agree, as formerly, aud
continued in their former resolution, to send
Mr. Charnock to assure the late king, that they
would meet him, according as they had pro-
mised, if he would give them notice where h«^
was to land, and he should not fail of their as«
sistance. And at these meetint^s thpy did take
notice, thftt tlien was the most pi-opei time for
such an invasion : for the king was gone ta
Flanders, mogt of the forces were drawn thi*
ther, ^ii\ the people were dissatisfiecl, and so it
would be the fittest opportunity to accomplish
their desi«^n. Aad they desireJ Mr. Charnock
to make haste to carry this message, and ta
intreat king James that he w^uld be sp* edy and
expert it iou^ in his couiing, that they might not
lose this seELSon.
Gentle men , after these m ceti ngs , M r, Ch ar-
nock did within a few days go over into Francei
and did deliver his message to the late king-
James ^ who took it very kindly, but said that
the French king could not spare so many foreea
that )/ear, hiving other work ti» employ tbeiQ
about: u|>on which, within a month^s tune, or
lesK, be came back again, and brought an tc-
coiint of his mefisage to those gentlemen wfa^
sent him. This was in May or June last, and
so the ftirther prosecution of the design ceased
at tiiat time.
But, gentleuien, the last winter it was re-
vivcfl ogaiu, and attempted, and carried on
very near to the obtaining a fatal success. And
yon wUI bear, thai the pri«OBar it tlie Wr» m
79J
8 WILLIAM III.
Trini ffSir WiUiam ParHyns^
jWjUtara Pjirkyriii, bfts had ton ((reat a hand,
i#nd been a \ery great inKlntrneut in bnth the
iMfts of thij» wicked con!«pir«ioy and treason ;
|tiiiton)| in the iniasion^ wljk'b he with ollifrs
fieiil the toeti^enger over to*^ocure; hui al^i
[ill the otKiT part, the bltick^t iiart^ eren the
filiation (d the king's |»#»r*oij.
Abitut Jajiuar^ \nm sir Get^r^e Barcley, a
lieuttnaiit of thi^ GuanJs to king Jaineti id
Prann«« w^^ atMi over into Eii^IauiI to en^a|j;e
OMH t" )uin in the conHpiracy and assas^i-
iMIon; and fW hiH tis^istaot^ th<^re were sent
f^nermtth him, and Uffore and aftor him, smue
20 troufi^rM uf tike tale kin^r^s, »hat were his
g^ujrd^ iti FiAiice* And «ir Oeunrtf Barcley,
to tnioi»ni;je the persoiifi that were to join, and
whom ht* haci broug'bt over with biu't, pre-
tended an aufhnrity to justify it, that is* n com-
ii]f')<<i4»n ffiiui the tale kingf Jiimes ; and he com-
nnnicateis iliis dt^ign U\ Mr. CUarnurkt 3V]r.
Ipurt*??, and several others, and nnwin^jst the
Pfe^t to the iiriRoner at the* Imr, sir Wilham Par-
tvnsi, hn^inu^ a great ciMtfidrnce in hinu and
ltd ari|naint him he had «uch a commission^
ird heiihewed it hino, and iltat commission i^as
1 kvy v<ar a^-atnat the k 10*^*8 pennon; wliich
liliey tm)k to lie a HutBcient authority tor itiem
» assassinate the king^V person.
Gentlemen, in order to the arcompHsliing-
fthis horrid eonspiracv, there were several
Deetin^ and euitKultatitms had, at whic h the
' }iri!»ifner at the bar was presi nt, and very ac*
tire Sometimes they met at captain Porl«r'ii
lodo'inijfSi at another time at the Na^'s-Ht^itd in
Covent-Garden^ at another time at the S*m in
the Strand, and amuher time ut tl;e GJiibe m
Hat tun* Garden, in order to accomphsli this
deiii^D : and at the«e meetings you will hear
they did propose several waya and methods for
the execution of it ; and several persons, par-
ticuliHy one of them Unit have sufTeiTd (he
puoishirieiil of die luw for this, were app«»Hilefl
to go and view the i]f round, wtn^re the km^f^i*
persnu mig-ht m*nit conveniently he as>^aulied.
Mr. itiiiLf, that was execuieii fur it, was one,
captain Piirti'r was aouiln r, und mie Knight-
ley was the thinl ; nnd these did tfo to avv the
ground. And the duy before they went there
was a meetiner» at w Ikich was prenen^ tlie pri-
Honer at the bar, and others, wbereni it was
concluded upon, (hat they nhimld 1^0; and titey
Hent iiecordni^rly to %t^ thi^moit convenient
place for it. They went (o Brentford, uud
mftei wards to the other siile of the v*oier to
Hicbmond, and surveyed nil the i^round; and
the place they pitched nnon us the moitt proper
for their pnrpiise, ^1 ns, wlien his tna jeirty hhoidd
return frnn» bunting, to do it in the lane betwixt
Bfenlf«»rd and Tuinham-Greeu. And arconJ-
iuuly, when they relurneij m theeveuint;, ihi^v
ranie hy upjioinmient to the ^alace wliere tlie
reiit of (he iiCcompUce« were to meet, at the
Nau*S'Head t»vero in Sl JannV*, anil g-ave an
account of Ititir proceeding ; and at tliut nu^t-
infj likewise was sir Wilhaui Pttikyn»4, thepii-
loner at itie bar, Mr. Chumock, and &<rve>ial
and i\li'. Kinif's es|iedition, they did
the thinfif should be done in that place,
(hat it shrndd be done in this manner.
Sir George Bajrcley with about difht or
in his party, who were to be cbctsen out
the other p&iiitst were to aasault the
coach, and cndeatour to kill the kiui^i
the rest that were inlheoo}»cb with bim,
the others in two parties were to atti
^nardji ; and the nnmber in all vrasto bei
40. This wa?. fully affieed rtf>on
And, jfcnileinen, ihe Jir^t time that thty
solved to put t his traitoriius desist in exe *"
was (he 15th of February, which vraa a
ihv, the usual day that the kini? w
eo a-hunling on ;' hut it bappeneil
provideuci:, that ihe king did not go
duy.
They had contrived further, to i
thintr5iure,thEit there should he two
whom they eal ltd orderly men, wliol^.
idaci d fit keiiRmArt«jn, to t/ire notice vvhet]
kin^ WL'ot ahroiu) ; nod Chambers waa 1
and Ouraocc that was a Fleminif was aa
and Durance whs likewise en»ploye4
the inns about Turoham-Gieen and P
for the h*d;4injr of their men, who we
placed two or ihrte.in an inn, that the
nut tie oliserved,
Genlleri[>en, the first day appointed ftiri
acf^omplitihirrii^ this cit^Lgn, whii'li wa^i the ij
of February, being over, and tlie} dif&appoia
yet they ihd aJ'ierwards reaolve to go oni
execute it. And the nest Saturday, \% bu "
the 'i2d of Pehruary, <vas pitched n|H
time of e\'tH!u(ion ; and accordingly c
the 21^t of February, the d.iy befort?, I
a ineetiog at the JNaifV-head in
GanloD ; and there was prcs^ent sir
Barclay^ capl. Portor, and several otlietn,!
ajnongst the re**! (lie [»risontT at the bar
there : they had nt tir.st some discoursa an
them that they utre in doubt, hcc^tuse ofl
first disappointnvent, wlieiber there had
been Kome discofcry, hut that dootit
over; for il was said, it couM not I
then they shnulil not Jiave Iw-en there t^
That seemed probslde, nnd the dia
nieut was imputed to sotne u« (;ident ;
gave them new asi^urance to go on, and 1
were reii^olvetl to do it in the nan^e itisni
OS they had formerly resolved, on the uext 1
which was Saturday,
Geollemen, at that rneethig Mr, Porter
quaiuted (hem, that he ha«l tlie mi^fortun
hiive Rome of ln.<i horsesi falku sick or
and he acquainted the prisoner v»ith it;
sir U illiam P^irkyns wa& careful to sop
with other horses, and (old him« he cou
note from one Lewis, who I think is
the horse to my iord Feversham, to gel
hor^ies; and accor<lin<r|y he dtd send a QOte|
three horses to >lr. Lewis.
U|>on the 29(1 of t^ehruary in the roor
w hieh waa the time lur the execution of
bloody CO n s pi mcy, they had met together, 1
I aud upon the report of captain I'orter rasolved to go on widi it^ aud put it in
/Jrr ftigfi Treason,
r had Eiotice from Chamb^rSt
twfrnij Ihtit dav, and
ivm &U, tlitukliig
ordered n\\ thitiiifs
crward$^ about oue
e«v9, that the kin^
Uuitrds w«tre all come
icir hoi-ies l>ein^ all of a
i were sent back to
itn to be in a ip^eat
Jtt the thing hud
This* ifentJe-
acLtmiit how it will appear
r« at to the eottsfYiriic y ot as-
kin^i aod f^t' t etiiig^^
tvliout it ; :•! ise pn
vir WtllififU ka\H\t\St WAS
there wilt be a little more
if kl be oeccssiry, to confirm this
, Aud to uUtew titi Tturi lUat the
ir hait iu thi^ ie^ this
cy ; for it ^ ^r, that
EtnAl a cotnruU'Kiim trorii the late
Irai.ve a re^i intent of horse, and
Tiijfr imo Fraiic«> to in?ite the
rith lO^OOO French ; so he had
aliou at arifiJi to be rendv fot'
About Michaelmas loKt the
nt a pari'^t of gt»ods, as he
v^re put iotii ettjien, I thiirk
j^bt small boxeSf put into
and tent down by his order
Dill oiie H ay wood. 1 1 se(?mt»
in«rrie«J Mi\ Chamoek's
f k writ A lelUr to him, and
wotjld give ail' William Far^
djfe s-omp. (roods there^ which
jrst not trust thnn
r.shire» because his
[Ibere iu li>ok alier ihem ;
I that letter Mr. Hay wood
: tbe goods should be earned
' were so, and there ibey were
I and kept till thin barliarous
Hvereti; then you will tiod,
bar lent his own scrvaDt
ijf w^fkmt the diacovery, and
t JnwiMsdiatcly ' ■ " ^ -^ ^ ' ^ is E 11 *
W m llw g^room, ii alter his
I fo diMrii to Wmi t^.. ^^.liic lo one
»Imi canicd llie gooda, and desire
lo reniore tho^e gooAn,
II « them privately f and
hide them. And ac>
be came there, which
id acquainted Evans
liad ordered him, and
bt with a cart to IVlr.
it was late, and they
lillllieDext mominif, thej
s^d titey could stay no lontfer
rtmive tlic gcKids iiti mediately, and
{y IAmtv prer< csnried from thence that
pir mfliMD Ftekym'a own house in
iirit ; m»4 tbcre tbev were buried in
i* Hm* m^ uua mme of this
fwttaiday I
ist\
A, D. 1696-
great valae were put into the grotinJ to pre*
sertethcra. But after this di^cot'ery. sir Wil* •
liam Parky ns beingf accused, and his nume put
in the proclamatioo, and search bem^ ordered
to l)e made at his house, thej*e tfofwls thssi hiy
hid at Haywood's, and upon tlie removal thence
were thus btineil in the g^mund, came to be
discovered, and the cases were brokca open,
and then they did appeur to be tr^'^^'* of an ex-
traordinary nature indeed, for you will dndthey
were horse arms for troopers; thcfc were twa
nrjd luirty carbines, live and twenty ciises o£
pistols, and aboni forty oitd swonls witl>oQt
ilih* upon them t but thenilti* lay loose hy ihem;
so thai this will make it apparent, without dis-
pute, how tkr the prisoner at the Imr hiiii en**
Ij^n^ed in this conspirBcy, and wlmt prepara-
tions he had made for the execution of it.
Cteotlemen, it itiJI appear ^arlhci ag^iinstthe
prisoner at tlie bar, ihi^t he Imtli had a Lon-*
siderahle number of horses, that hiivc freiiueut-*
ly been brou^^ht up from hi<f hoo<e in Hert-^|
lords hire, to the George- inn iu Hoi born.
But before ivecome to that, I woiiiil acquaint^
you withf another particular port of our evi-
dence, that is precedent in point of time,t
ALK)ut Christmas last^ tbe pitsoner did acqiiainir
one f!»w€et, who is an officer in the Excifl©,
(and 1 am very Morry that we should havo
;iny such ofBcers that should be thought tit tc»
be intrusted with secrets of this nature) sir
WilUam Parkyns acqaainte«1 this Sweet, au(|<
f^re him anac^couutthat he liad loii;^ had
au ajisurance that king James would land ; but
now ho had it under his own hand, that bar
would land very speedily, and ih^t be had
made preparations ibr that (turpose to meet
him. That ^reat things were expeijicd iiont
him ; that hU own troop was rt<ar|y, and ifi-
ci»nsisted chleAy of old soldioi-s ; ami that se^ I
vcral persoas who had been ofBcer^ woidd be '
volunteers under him. He said he intended t<» I
go into Ijeicesiershire, and there he was t4i
meet several gentlemen from the North, and',
from the West, to consider and settle a cor*
resjiondence how to meet the lute kingf upon ,
his laiidintj;- ; and acoordlng-ly str William P^ir* i
kyri?i did g-o ; and you will hare an account '
that he came to Leicester on Friday night* i
one Scudamore went along" with him'; lhert*'|
be staid all Saturday » and a qfood part of Sun-
day. Inhere came isereral persons to bim j
while be was at Leicester^ parlictilaHy oik J
captain Yarborough; the soo of sir Thoma»j
yarboroui^h, and a parson, whossiii they came J
as fiir as froui York to meet sir WilUarn Par*
kyns at Leicester ; and theje was ^rtat resoti
tluther at that time, as you will hear tVottj tin
witnesses. Sir William Parkyns came
a<^ain from Leicester to Brick hit) that ni^h,^
and retiiracd to his own house on Mondaj
ni|^ht ; and a^ler his return, he acquainted 1
Sweet, t4»at he had been his journey to Lei« I
rt^Kier ; that he met with several gentlemeal
therefrom the North, and other places, anill
had settled a correspotideocy, and had foantj
them all tulty eiigii|^d, «Qd w«ll mdiaed , all'l
88]
8 WILLIAM m.
Trial »f Sir WiBiam Parh/iu,
[fl
weot well, and thert was no dan^ of any
miicarriage at all ; and thia waa about January
lait, that thia expedition was made by the pn-
And now, gentlemen, as to that
about the horaes, which were ao frequently
brought up this last winter from his house in
Hertfordshire, to the George-inn in Holbom,
there is one very unfortunate circnmstance
that attenda this matter ; that is, that these
horses were brought to town just the several
nighta before the King was to be assassmated ;
fur upon Thursday the ISth of February, he
being in town, sent diredMna to his groom to
bring up three of his horses on Friday, which
waa the 14tb in the afternoon, and all these
horaea were fumished with pistols and fnr-
nkora for troo|)ers ; according to those direc-
tiena his servant brought up the three horses,
and be came and acquainted bis master that
ih&w were brought up according to his order ;
sur WilKam Parkvns waa then at hia lodgings,
which were in the same house where Blr.
Charaoek did lodge; when hia man had told
bias the horses were come, he pretended at first
Ihat be had some thonghts of ffoing out of
ISfwa that evening, but that he bad changed
^ bia asiDd, and would go in the morning ; and
' be would have the horses ready against the
Bexl ■MNning, which was Saturday the 15th,
the first day upon which the assassination was
intended to be put in execution.
The next morning when his man came to
bim again, he had changed his mind, and he
would not g<) out of town in the morning, but
be would igii in the afternoon : and it will ap-
Vetrthat he did not go out of town that day, nor
the next day, nor till Monday ; and then the
desikfu had mi&ca fried by the king's not going
abroad a Saturday, and the horyes were car-
ried back; and when he went out of town
upon Monday, one Holmes went along with
bim, and he went with him to his house in
Hertfonishire ; and there he sthid until Friday
after, which was the day before the next time
that was appointed for the execution of the
JMsassination. And upon the Friday they came
up again, and then there were more horses,
four or five, that were brought up that day ;
and all of them with pistols, and jack- boots,
and other furniture and accoutrements fi»r
troopers ; and thesie came to the Ge<>rge-inn,
where sir WilliHtn Farkyiis (^ve his man,
Eubank, ptirticiilar orders to be very early the
next morning at Keusin;r(uit ; that was the
S9d, and he was to go, as he told him, to one
Brown, tliHt he said w>ik eoncemefl in iheking*s
kitehen, an«l hve«l two doors otf the gate that
turns itp to the kin(X*s house ; and he ivas to
t**ll hi'u he was sir W.iliam Parkyns^s servant,
but ilmt he cume from a man that loilged at a
confei'tioner's housr over ugaiust Gray's inn ;
in which place, by tiie description of ihe person,
yiiu will liiid ffir'Ge.triff' Uarcloy l-Mlged.
Till* man went aerontiui^ly ai eight o'clock
in I he muniing to KfiiMugton, and inquired
•ut this Brown, and met with him, and udd
him he was sir William Parkyna's servant, bt
came from the gentleman that lodged at tl
confectioner's in Holborn. Brown said he bi
nothing to say to him, but bid bim gire hu
his almanack, and he writ in it, that he woo!
be in town in two hours himself and wait npi
him ; and bid bim carry that to the roan tw
lodged at the confectioner's : And this Bnm
by the circumstances of the whole roust on
bably he one of the orderly men who lod^
at Kensington, to give notice when the bM
and the guards went out,
Sir William Parky na's servant came back 1
the confectioner's house, and there he vm
with a man that went by the name of Rnnn
he will tell you be was a Scotch man, fir 1
spoke broacl Scotch, and he will give yoe
particular description of the man, o^ whiehi
believe it will annear'tbat it was air GeM|
Barclay. Sir nilliam Pirkyna*s senrant, m
ter be had delivered his message td tb
Rogera, came back to hia master, andtoM bii
he had done hb errand according as he wi
ordered ; and air William Parkjrna aaked bi
what RcH^ers said, and be tohi him thai lie b
bim tell hia master, if he wouki come to bim, I
would he ready at home for him. This Wi
upon Saturday morning the S9d of Febrosij
About eleven-a*ck>ck that day air Willm
Parkyns, and this Lewis that we s«4w t
before, came to the Geor^*Inn ; and Uierei
William Parkyna asked his servant whether I
had received any more than two saddles^ I
there were two aaddles sent in thither, aooni
ing to an order that had been given, to ftvnb
two other horses that stood there at the Gceig
Inn, and which air William Parkyns toU I
groom bekNiged to two friends of his, snd b
hint he sore to take care of them, sod te m
them well fed, and ordered two saddles Is 1
boui<bt for them. Lewis said he did tbbi
they had more Chan two ; hut yon will see b
the evidence tbat this same Lewis had pv
vided thirty saddles for sir William ParicyM
but there seemed to be a controversy betwbl
them at that time how many had really bsi
sent in, and Lewis affirmed there waa twso^
four ; but sir William Parkyns said, 1 fart
had but twenty -two of the thirty yet, fbr
have but two brought in here, and I ]
before. This you will hear fully proved ; ■
I think it is impossible for any booj to holiT
but that all this preparation of aaiUlleo, |nsM
boots, and other things, must convince rf
boily of tlie prisoner's being so far engaged
thisdesign, tnat he can never answer it wills
lilfiving you a very good account what t
preparation was for.
Gentlemen, a great part of thia will
proved to you by one that acted in it, ss ^ ■
vaut to sir William Parkyna, that is, as tf» ^
coming up of the horses, jack- boots, ptalM
and other arms at that time ; and that wi
on the last Saturday it was disappointed, all ^
horses, mit only tho^ air Williani Psrtd
brought, but the other two, went nwsyfi
great hurry and ooofuiieo, and
jvf High Treasctu
rj of tliHO more ; otifl that will be
Lliv sertan[i» in tbc very tnti.
ISteiUoo^n^ I h- [ ened lo you the
wma»madMlAtCiilii > v; ^ewtUcatlour
wiaim^Mt muff mmki: a out very undeniably
urftiApEi^fftrmMr, atir) thr^refurc I will not give
OfLFm
i . ler. (Wlio was sworn.)
M/ rnrr, ^HL*v vwll^ou ifive the court and
11b /^ an i&frcoiiitt of the meeting;' at the
Ki^j^Bead iti LemileuhAll- strict; and who
atui wbiit rvsututiuns and aj^ree*
cam 45 to f
'fr<-. About the Utter end of Mny
ij^ bcpicvokif^ of June, there were two
p li«il« til* one was at tiie Ein^ V Hend
, the other waA at Mrs,
Dear tiriuhu FeuwickV At the
I there was tii^ loni of Ail es bury,
gi iti HflOigoaiery, air John Freind, Hir
mSkm P^tf tt^ the prisoner at the bar, ijir
iM PflBwk£^ capl. Cbarnock, Mr. Cook,
Mr. 0aodinan came in after
tberr we c»n«ulted which was the
hmmy §Siw hdo^ Jameses comtDfr in ; and we
timing lo seud a tDessenger to him, to
Ui hem o^vTf ami to desire him to interpose
li* ths Fmacb kioff for tbe ^ettio^ lO.mo
mm ii» cttBtf <w^ viab y^t 8,000 foot, 1 ,uoo
l^aad 1,000 drvgoooa. It was then con si ^
4Mi«i« ibiittM oeaenii and all the com-
, ptff afvtvO Mr. Cbaroock was tiie properest
IVA ISaj« Mr. Cbarnock, if you send me,
' pl Irfl Hit what «rrmod i shall ^i upon : We
« ttiMJii tHrn affree, that he should ai^ure
ti^i* if be would ooina ortrr at such a time,
^w«|i|«MCt him with a body of 2,000 horse.
kt.UoL Did tJharoock uudertake to go
^mp« Yia»i be did| and^to profiOBe this
B^tt kiiB, ihat he minflit projjose it to the
J fiat the gettujt^ of the raeo.
^ G«a. lSd<>re you go away, 1 desire
iii if |«« one tbtajTi (iid sir \VLlham Par-
ner si the bar, agree to the
»*-*l'«r<cr. Y*^a. be did.
Had you aoy other meetinf^ about
, and wbeti was it, and who was
Mj lord, captaiii Ctiarnock said at
ool go of a foolish me$.<iage
y ^fmtpm m% aU agreed to be at the head
^Ulliaisa tA mef*! king Sumf^ at iiis land*
H ^tytry Qo^aiinuld hrin^f his*ttuom.
^^^^ Wbeo wa»* th«' Htcond uieeting,
^ H«» »ii it, and w bo was there, and what
j^*^ " nt^ was at Mrs.
*^T nioi'k fln^ircd ui«
Uk*-ii, In line tie Mrenl awtiv, lo
*4r kept iu our first retiihiuou ?
••^iacTiw to what WM resolved upon at
'iM kt «4id b^ would go in two or three
CQiDpany a me lo it then ?
y 4idt 8ir, ^ that met at
SoL Gen* Pray Dame ihcm orer again vb©
they were ?
Porter. Sir Wdtiam Parkyns was Actually
there, and my lord of Aijesbury, and, sir Jobtt
Freind, and captain Charnock, Mr. Cook, atid
myself; 1 cannot teU whether my lord Mont-
gomery was there, or Mr. Goodman.
Att. Gen. Pray when did you see captatn
Charuock, or speak with him, after iliat?
Porter, It was when f was in priJion about
the riot, and he told me he had heen ilii^re ; but
there would be nothing done m that nmtter at
present for king James said, the, French king
could not tlicn spare so many men, though hd
thanked us lor our kind o6ff r : and he said he
had been with my lord of Ailesbury, sir Wil-
liam Parky OS, and the several other people of
quality, which he did not name^ end had car*
ried them the particular messages that he had
in command from the king to carry to them.
Att. Gen, Now, pray tell us, what yon
know about the desit^-n of assassinating tlie
king, and what hand the prisoner at the bar ws8
to hare in it ?
Porter, About some weeks before I keaH of
the assasaination, 1 came to lodge io the
bouse iu Norfolk -street, where capt. Charnock
lodged ; and where sir William Parkynslodgetf
when he came to town. Most comitioidy we
used to go in the evening to the tavern, or
drink a botde of wine at our own lodgings;
and one morning I asktnl Mr. Charnock, if I
should see him at night ? He said he was en-
gaged tu private company for that night, and
he could not go with me to the tavern, For^
says he, there are some gentlemen that are
lately come from France, and there is sume-
Ihing lu be done for the king*s service. If
there be so, says 1^ p^^J 1^1 ^^ be conecTnei) :
Says he, ihey are tut newly come, aud they
wiFl s«e UMbrtfly else hut meat present. A
little at^er I fefl sick of a fit of the gout, and
Mr. Charnock came to Tisil roe, and wc tell
into discourse, and 1 asked him alvout those
gentlemen that were come from France, what
they came about P He told me it was sir G.
iiarclty that came fr«»m France, and several
other officers with him» and that he had a
commission front the late king Jaiuc!^ lo levy
war againsit Ihe person ot king William^ or the
prince of Orange, as I thifik it was named La
the commission.
L, C. J. Who told you thi^ ?
Portfr, It wa-«* capl. Charnock r ho desired
|o know how many men 1 could bring. I do*
sired a little time to consider ; but I sititl there
would be a great many wuuld Join if the kin|^
landetL whom I did not think lit to Iruutt with «
thing of this nature befurp-hand. Some few
days al^er, capt. Charnock <tame into my
chamber, and brought sir Gin»rgf BarcJey, and
major Holmes that said he Mai» c^mie from
France ; and there we had lutle more but a
general iliscnurse : But a litlte aft^r tiiat I got
well of the gout, and we liail several uie«-tinga
at several places ; at the Glob**. tavern lU
HatioQ-gardtD, at the Nag '••head iaCuveiil-
w:i
8 WILLIAM IIL
Trial of Sir tVHOm Parh/tts^
Garden, and at the Sun in the Strand, tHiare
sir Wiiliam Parkyns was always present.
And there we did consult of the best ways to
assassinate the king, as he eame from Kicb-
■umd after hunting. Sir George Barcle^
said, he had receivra 800/. from king Jaines's
secretary towards the huy4og of horses, and
fbhiishing both horses and men for the expe-
dition ; and it was considered of how msny
aaen it ^oald be necessary to bring. The
Dumber agreed upon was aMut forty, of which
sir Geors:e Barcley was to provide twenty ; I
promised to bring seven or eight, sir WilKam
Parkyns engagH to bring five, whereof three
should be mounted with his own men, and
ihe other two my naen were to mount upon.^
Alt. Gen. Do you know the names of those
people that he was to mount ?
Farter, I never had the names myself.
Att. Gen. Well, what was done after these
eoDsultations?
. Porter, I asked captain Chamock one time ;
if I might not see the commission that king
James had given : He said he had never, seen
It himself, out sir William Parkyns had. 1
asked sir William Parkyns, one evening as we
were smoking a pipe by the fire-side, whether
he had seen the commission ? He said, he had ;
and that because kin^ James would not trust
any of his ministers, it was written and signed
with the king's own hand.
Mt. Gen, Pray did he tell you what it was
for?
Parier, He said it was for raising and levy-
ing war upon the person of the king, but 1 do
Bot know whether he called him king Wil:iam,
or the |*rince of Orange ; but 1 suppose it was
the prince of Orange.
Ait, Gen. Pray then give us an account of
yoor going to view the ground, where it was
■oost convenient to do the business.
Porter. There were several propositions
about the place where it was to be done ; one
vaa to be on the other side of (he water by
ambuscade in Richmond Park, the other was
to be on this side of the water after the king
was landed. Sir G. Barcjey was tor that that
was upon the other side of the water; 'I*
thought that it would take up too much time to
go over thither, that it was better to be done on
this side ; but because there was difference of
opinions, it was resolved upon that somebody
should be appointed to view the ground ; and I
SMS appointcSd for one, Mr. Koightley for an-
other, and Mr. King would needs go with us
lor a third ; and we three did go. We lay
all night at Knightsbridge, and the next day
went and viewed the grounds on both sides the
river ; and came back that evening to the
Nag's- bead according to appointment, where
eras sir William Parkyns the prisoner, and sir
George Barcley, and Mr. Chamock, and we
gave an account that we had viewed both
^cea : And upon our report it was resolved,
Ihat it should be done on this side of the water,
fa the lane betweoi Bivotford aadTunibMB-
Ait, Gen. Are you sure sir William P)
the prisoner at the bar, was there, at tha
ingatthe Nag's bead ^— Porter. Yes,
Att. Gen. Did be sgree to the resoh
Porter. It was in general agreed to
that were there.
Att. Gen, Pt^Yt captain Porter, tb<
us an account or the oays that were fi
the execution of this design f
Porter. There waa Saturday the 15
Saturday the 99d, because Saturday %
day the king used to go a- hunting and si
Att. Gen, Were there any men a
sington, to give you notice wbea the kit
abroad?
Porter. There were two men that
lodging at Kensington, the one was one
hers, wno belonged to captain Chamock,
other was a Fleming, one Durance, wt
over with sir O. Barcley, and be wei
day, and thrast himsdf among the gu
bnog intelligence.
Sol. Gen. What was the reason thi
was not executed?
Porter. The first day. Durance
notice in the morning that the guan
gone abroad ; and afterwards then
notice, that the king wouU not go abr
day ; for which reason we adjourned i
next Saturday.
Att. Gen. What waa the method yo
take in the execution ?
Porter. The method agreed upon vi
There was one Rookwood that can
France upon this expedition, he was
mand one party, and .captain Charn>
myself was to <M>mmand another |
attack the guards ; and sir G. Barclei
have four men out of each party to at
coach while we attacked the guards.
Att. Gen. Well, you say the first <
was disappointed by the king's not
When was the next meeting ?
Porter. The next meeting was upon
the dsy before the 22d. I was sick
week, snd I do not know whether 1 h
all the week, or no ; but upon Friday tl
and it waa at the Sun*Tavem in the
There was none but sir 6. Barcley,
Chamock, sir William Parkyns, and ]
Att. Gen. What discourse was the
Porter. Sir George Barcley came
said, he was afraid 3ie thing was disc
J told him 1 fancied not, for if it bad, w
not have been in that boose at tb
Then, says he, let us go on, and try
day. Sir William Parkyns was Bake
horses were come to town : He said tli
come to town that night. Said I, I ha
misfortune with my horses, two of t
fallen lame, and won't be fit for
Saya he, if I had known that, I cot
brought more horses out of the oounti
ssys he, I will send to Mr. Lewis, ^
gentleman of the botae to my lord Fei
and I believe be can help us to more
be will be with me to-morrow momic
High Treaion*
I m noltf ftoo Mm for two more. Id the
: I Milt ui hitii^ antl he stui we a note
I ta riMtont nty men : And he sent
|r* Le^i* could hel|i me to two or
that they were nil ihree sadctleil,
lacotKitredwith ttostlersanil pistoh,
' two bad only i^^ildlea. 1 did not
PftfkyDft on Saturday, the t^d,
m mtme of my friend », who were to
; wtih ftte ti|>i>a this enterurize ; and we
H oolicv tliat the guank were j^fonc
, Mil thai the king would g'o, at which
tcry fflftd : But when we had notice
^ «itf not go, we were afraid the
aavered, and I went out of town,
' Sd iMt mem way of them aflerwards till
> t^krti.
iu* Cn^ J*^y* cftptain Porter, have you
\imi mnj lUm^ from sir WjlUam Parky ns of
liilanog 9. eocninisfiion fmm ktnsr James ?
fwft^, I hav« heard captniti Cliamock ask
ttf^tein Parkyns, why he did not go alony^
iiA«ai this* expedition f He said, he did not
ft liaK« he could not gt>.
JtL Cm. Whs he not to be one in the num-
Ivttal was Ui act in the a8SA««i nation ?
fmier, S€\ ; he said he liad other businesa
tili,be liati a regiment to look after.
L C* X Horn inany horses bad yoa from
f'migw^ I bad never a one, only sir Wil-
Imi l^^rltytn «* nt nie wont, if 1 wanted I
H^kave tliree, for I had told him I would
^ theiit, tin 1 heard whether the
|Mt iliroaNl ; and then I had notice that
*^\ntt% go,
J' - mI you 8 note for them?
J for these three horses ; but
Cbia«i^^ ,mjtj tie had a note for two horses,
ffr*^ Old he fay he hud a note from toe ?
hti^. Ko^ ] don^t say so, sirVVjIJiam ;
talsaniiatiil me, he bad a note whither to
rWi«n.
^C. X Will you ask him any ijueaiiona,
I llrWiittB f— far/ryju. No, my lord.
hrfmm. My lonl» I desire he may be
iiii» WteJtcr at any of those meetinjfs
^■i «w any ili<cour«ie of the aaatasinatioQ
li«a tir Wilbans Parky na ?
Lex What May you to that, captain
Ym| he waaat all the meetings
afinn^
nv lord, I deaire to know^
. Purkyus die^ccHiraed of it
■ ' ■ ihout it?
^fr y what be did
i||aitjmiBr, niny he aj^retnl to it, and waa
^ ^ SfebcirMES for it, and »Bid it was ue>
Ir rff't-^- ' t-r it would brinif the
>r* ^li he could not per-
a, „ U:,uiMflf, hecaufie he had
he waa Uv look after hi^t re-
^ Gra. If air WilUam Parkyna wilt ask
•<*• hvtfr no «me«tinnn, we will go on to
^^oi 911000, wbich i« CQ* Abrajiatu Sweel,
whom Mr, Attorney iDeotioned. [He waa
brought in and Hworn.]
Alt. Gen. Mr. 8wect, will you give tht
court and jury an account, what sir Williani
Parky ns said to you atwut king James's
landing?
Alt. Gen. Pray, will you give an account
what discourse you had with tir William
Parky us, the prisoner at the bar, aliout king
James's returning and landing witli French
forces ?
Sweet, 8ir William Parkyn* did tell me,
that he did expect king Jauiek*s landing ; and
he«aid his own troop was composed of old
soldiers*
Alt. Gen. How long hare you known nir
William Parkins?
Sweet, This three years.
Ah, Gen. Pray leU the time when tlits dis-
course was. About what time was it ?
Smett. This was since Christmas, about
Christmas last.
Ait. Gen. Where was it that you had this
dj^c^iurse ?
Sueet. It was about his own hoose.
It' C. J. What diiconrae ?
Sweet, We were talking about king James's
comin<r.
L. C. J. Who told you that king James was
coming ?—-5«:eef. Sir Wilhani Puikyns.
Att, Gen, Wiial did he suy ?
Sorer He said he had bnught a great many
saddles, thirty sadilJes ; and that hiD own troop
was composeil of all old soldiers,
AtL Gen. Did he tell you of any assurance
that he had n\ king James's landing ?
Sueet. Yes ; he ^aid he had the kiog'd
word for it ?
Alt. Gen. Was there any discourse bet M-eeii
you about any journey that sir Wilham was
to take ?
Sweet, Yet ; he did tell me he was to go
into Leicestershire, and was to meet sereral
gentlemen in I#eicestershire ; and he did go,
and after he came back again, he «aid he had
met his friends, and all was well, and that the
west was as much inclined t^ king Jameses
interest us the north, and that a Lord*s brother
was concerned,
Att, Gen. What other discourse had you
about this matter ?
Sii?eei, Nothing eis^t as to particukrs , that
I can remember.
Ait. Gen* What orders bad you to come
up to town in February, and when, and
from w hom ?
Sweet. Sir William Parkyns sent forme,
and he sent me a letter about the 11th of Fe-
bruary that I should come to him the neict
day ; and I diil come the next day.
Att. Gen, Whither did you come? Where
did you find him ?
Sweet, At his lodgings in Norfolk-street, at
the house where Mr. Chaniock lodged ; and
after I had spoken with sir William Parky us
about the letter which he had sent me to come
up, he told fixe, that ibe busineas that he bad
91] 8 WILUAM UI.
designed for me, he did not think fit I should
do, because of ray family.
AU. Gen. Pr.iy, what directions had you
fipom him, what you were to do when you
went into the country ?
Sweet, When 1 went into the country, be
ordered me to go to his house, and send up
three of the strongest horses.
Att. Gen, When was this, do you say ?
^weet. It was in February.
Alt. Gen. What time in February ?
Sweet. The elefenth or twelAh, which was
Wednesday ; and at my going awav, he told
me if i had not a letter from him the Friday
following, I should, come to town affain. 1
did come to town agfain, and then he asked me,
if I had made provision for my family ? I told
him, no ; then he asked me, why 1 came up
to town? He told me I might go into the
country again on the morrow morning.
JLC.f What did he tell you f
Sweet. He said 1 might go back again into
the oountrv. I came upon the Saturday
morning to nim.
Att. Gen. Pray, what day was that Sa-
turday ?
Sweet. I belief e it was the 13th or 14th of
Februaiy.
Att. Gen. You say, Wednesday was tlie
twelfth ?
Sweet. Yes, I believe Wednesday was the
12th, and I came to town the Friday afW that
13th, that was the 14th, and on the Saturday
I went home again.
Att. Gen. You say vou cams to him on the
Saturday morning, what passed between you
then?
Sweet. I went the next morning to sir Wil-
liam Parkvus's lo4lgings, but he was gone out,
and had fet't word, that 1 must come again
about eleven of the clock : I did go about that
time, and he was nut come in, and there I met
Mr. Chamliers, and one Mr. Lee, whom i had
eeen there the niulit before.
Att. Gen. And what discourse had yon then
with them ?
Sweet. We had little discourse, for I bad
only seen them the night before ; but I think
Chambers toitt me he had been at Kensington,
and I desireil to know what news there ; and
he told me William kept as close as a fox ; and
he shewed me his wounds, and said those
wounds wautetl revenge.
Att. Gen. Where did he say he receifed
those wouuds ? — Sueet. At the^oyne.
Sol. Gen. Pray, Mr. Sweet, did he tell you
for what use his troop was ?
Sweet. He did not tell me positively ; but
I understood it to be to join king James when
he landed.
Sol. Gen. Pray, Sir, where did you dine
that Suiurday P
Sweet. With sir William Parkyns, and Mr.
Charnock, and Chambers, and one or two
more that 1 did not know.
Att. Gen. Will y ou aik him any quettioDe,
aic WiUiam P
Trial qfSir WiUiam ParJcym,
[H
Farkym. Did I tell you, Mr. Sweet, that I
had a troop of horse ?
Sweet. I will tell you your own words, and
no other : You said, vour own troop was ooa-
poeed of old soldiers r
jL. C. J. Pray let me ask yon one question |
How many horses were you to bid the mante
bring up to town ?^ Sweet. Three, my lord.
Att. Gen. And were they not his strongHt
horses ? — Sweet. Yes, my lord, the^ were.
Att. Gen. Did he say any tbmg to jea
about volunteers ?
Sweet. Yes ; he said there were some fn»
tlemen that were captains and old officers thil
would be volunteers under him.
Farkjfnt, Pray, where were those
spoken f
Sweet, Either in your house or in the {
I cannot tell directly which, but Btnm
about your house it was.
Purkym. Where is that house P
Sweet. In Hertfordshire.
Farkynt. Then I am in your lordiiiip^
judgment, whether words spoken ia Hei^
fordshire can be an evidence ot a treason edai
here in Middlesex f
L. C. J. Sir William Parkyns, if there he ■
design to kill the king, and there are aevml
overt acts to prove that design, and one ie ii
one county, and another is in another ooaefefi
the party may be indicted in either of tM
couuLies, snd evidence may be given of httk
those overt-acts, though in several conntriik
It is true you being indicted in MiUdltiH
makes it necessary that some evidence ihnnH
be given of some things done in Middlceev,m
there is ; as your meeting at Mrs. Mountioy%
and at the Nag's- head in Coventgarden^ eai
the Sun in the Strand, where were seveml ew<
suits, which are overt-acts of the same treeseo ;
and if treason be committed in several counlia^
the party may be indicted in any one, and Ihi
evidence may be given of tactH done in all. *
Farkum. Then, Mr. Sweet, you do not ny
that 1 had raised a troop, or would raise i
troop.
Smut. I told you your own words, thU
your troop was made up of old soldiers.
L. C. J. But yet I must tell you furth«,
sir William Parkyns, if i remember ritffat
there is evidence given of ft discimrse you 1wi
in NoHolk-stret't, where you loiiged, and thai
is in Middlesex.
Farkym. My lord, I did not obaerre ibel
he said any thing of me about Norldk-streeft.
Att. Gen. Yes ; that is what he says : Yol
told him you bad thought of a buauuese fei
liim, but you would not engage him in it, b»
cause of bis family.
Farkynt. Pray, Mr. Sweet, did I tell yee
any thiug what yon were to do ?
Sweet. No, Sir, you did not
Farkyn*. I hope the Jury will take
* Seethe fourth Resolution in air Hemfy
Vane's Case, and the Note to it, vol. 6, p.
183, of thil CoUectinQ,
\Jbr High Treoion^
lUfin aoy thiug that lie
), I bat iras no pfreal matter,
iini any more que^tioos, Sir ?
m9r next wilneat is James
ho vnm »wom,)
Do vott knuw sir William Par-
llo
I
he IN luy matiter,
<»rr»anl w«s you to liim f
gruoiu to him.
%imfi have yini be^n Lis
Krjt [! t^i^elvemonlU yet.
o an accouQi what
i jeiceslcrshirc* with him.
us vfhiit YOU know of
^ Yei, mr (anl, we t?ent from our
pt lo Stony*Stratf<iril» and there we
WIrti lime wa* thisf ?
rmnnot tell tlie day of the month,
IVbatday ofUie week waa it f
it waa on a Thursday .
Aod ivhere did you go from
fm €ua^ the next daj lo LeU
^MMlm ii^nt with him ?
^iDbe ca|*tato Scudaiuore*
ML Hciw long did you tarry at Lei*
WWn we came the oext day to
wm staid (hrre till Huoday morninf*'.
What company catue to your
\ hm WMA at Leicester ?
I am a atran^erf 1 know none
fyer there before.
I yciu remember whether there
ttgli there?
fli«re waj one that said his name
Wlienee did he come ?
k. He Mid be came out of York-
lm« Whn came with him ?
I^TIii>re wai a gentleman in black
^■piid he was a milliliter.
^Kl>id yoti obierre auy others that
Kcr to your master ?
t^ It wa« market day, and i had
^^ look aAer ; there were a yreat
^B^nit up niiii tUmii stairs; but
H^ V or no, I cttooot tell.
HT come baek ag^uin ?
||f \\ r MAID iiii're tilt Sunday muni-
ilMB W€ €»m« a way.
To what jdace did you go that
• ti9WD called BrickhiU, and
J wm caowr home.
FliiQ cwne back with him ?
• ti«i caf»taiii 8cud«uore, who
f liillMr did yoq gt> the next day f
Eubank. We came to Bushy about 8 o'clocll
on Monday ui^ht. t
Aii> Gfn. VV'ell afler this, did you bring up
any horses to the Georrre-inn to your master,
and when ? — Eubank, Yes, three horses.
Att. Gen, Ay» when ?
Eubank, I emmot u-ll the day.
jiU. Gen, What day of the week was ft ?
Euhnnk. IJjfon a Friday,
Ait. Gen, What month was it in?
Euhank, ludeedf 1 cannot say that.
Alt. Gen. Do you remember Valentine'i
day '^^ Eubank. "Ves; it was upon that day,
Att. Gen. That is the 14th of February, a
remarkable day, and wa^tben of a Friday,* the
day betbre the* assassination was to have been
executed. Whither did yon bring them ?
Eubank* To the George -inn.
A£t, Gen, How were they furnished? Were
there pistols upon them ?
Eubttnk. No ; the pistols were in town, and
the horses were sent after my masier.
Att. Gen, Where were the pistols left?
Eubank, indeed, I don*t know.
Att. Gen, Pray, when you came to town^
did ^rou 1^0 to your master, and acquaint htm
with kf^Eubnnk, Yes, Sir, I did.
Ait, Gen, Pray, what did he then say to
yon P
Eubank, He said be thought he should go
home that night.
Att. Gen* Did he chanispehts mind ?
Eubank. Yes^ tor he did not go till Monday.
Att, Gen, Did he tell you he sbuuht go a
Saturday ?
Eubank, Yes ; be saki he thought he should.
Att. Gen, Did you come to Ixim to know
bis mind, and wbat^jdrthUe say ?
Eubank. He safd in the morning, he would
go in the afteeooon ; but fie did not.
Att. Gen, Afterwards* when did be go ?
Eubank. Lfpoo Monday,
Att. Gen, Who went with hJra that Monday ?
Eubank, One Holmes, a fat, thick man.
Att, Gen, Well, pray when did you come tt
town Rgain ?
Eubank, Upon the Friday following.
Att, Gen. fiow many horses did you bring
up then ?
Eubank, On the Friday following we brought
up four; my master himself came up with
them,
Att, Gen, Whf» came with him ?
Eubank, Me, Holmes, and I, and another
servunt.
Att. Gen, How were the horses furnished ?
Eubank, Every horse hud pistols.
Att, Gen, W'iml did you bring
W^ere there any boots?
- Eubank, None but what we rid in.
Att. Gen. Where did you leave »ho«e horsei ?
Eubank. At the Geortri*-iim in Holbora.
Att, Gen. What directiun(» did your master
give you that ni^ht for going the next monung
upon an errand, an«l whither?
Eubank. 1 had no message from him ; bnt
there waa a note that I was to carry to Kcii-
beaide?
t
OVQOTM to
ofieeriD
OS] 8WILLIAMIIL
■Injltmi to «!• Bnwm; and I WW
ffo w the gentlmiftn that livet withiD a door or
two next the going i>^ ^he kiiif'i ({ite, I
Ibrfot bit nome ; bat tMo nmm where Brown
lod^ betofn|r«| to the coort,
the kitchen to the king ; either
or eook, or something ; and thii mu lay there.
Ait. Gen, Whal was voor mcMage to bin f
Eubank. I was to tell him, that I cane to
speak with one Brown, and that I came from
a gentleman that lay at the eonfectianer's in
Hoibom, over against Gray's inn. 1 know the
gentleman by fmee again, if i see him ?
Att. Gfn. Well, what did he say to yon ?
Eubank. He bid me ssl my horse at the
Ked Hon, and he would come to me presently ;
and i^he did. Says he, I have no bosimM
that I need toseod ; btH I will write in your
almanack, and yon may carry it back and
shew it him, that f will come to town betwixt
•ine and ten o'clock. I did go back and tell
that gentleman at the confcctkMier's.
Att. Gen. What kind of gentlenna was it?
Eubank. A Innty man, with a great nose,
and a Mack «iig ; be speaks broad Seotdi, and
be wan a swarthy cokmred man, and he ImmI a
wid^ month.
Ati. Gfn. What age was he of?
Eubank. A middle aged man.
Att. Gen. Pray, what did he say to yoo ?
Eubank. He asked me if I had seen the
gentleman ? I told him, yes. He asked me
whst the gentleman returned for answer? I
toM him, he had writ in my almanack, which I
hsd «h«*wn him, that he would be in town be-
tween nine and ien o'clock. He asked me
then where 1 was going ? I said, to my master.
Hujn he, tell your master that 1 will be in my
chamber ready for him.
Alt. (>rn. l>id yoo go to voor master, and
tell hini ^o?--- Eubank. Yes, I did.
At*. Gen. And what did he ssy to you ?
Eahank. He Rsid lit* designed to go home
ill the snertHMin, ami therct'itre bid me go to the
inn. and make resdy the horses, ami know
wbnt nan In pav lor iliemf and he would come
hx nnd livelhttlier.
Att (tr*i. nulliesOvrwanlscometotbeinn?
f>'-.i«iA. Yr4. Nir, about three or four
•'clock in thi' nOernwin.
S-^ Urn. IVriy, who came with sir William
rs!fcT»«* — Fhl'ttnK. One Ijewis.
A*'* f»V»f |1ii vtMi know him?
f'H^ti\ I lisve«ern hi lu before with my
nt3«ler
Att I'-: What i« he ?
f-'f"*-*. The J *uy lie i« my lord Ferer-
thsiit*« ^^vnlW>n»An
.4 ' : t • ' •« H hat iltil he nav lo vou about any
sml.iif-i •
l!'Ki>.r^^ fh^t i<k»*d me what laiidlcsi* and
hew \%*%if\ bail V«^M wnt in there * \ad I laid
b«l tw«v
.Iff. tV<« U hrti <«M Mr L«w«?
iMAkVi bitraww mv
IMMNI^.I*^ |i^ hlf
VMM iIamiM I« nrmiiv -iirar
TrialafSir William Parkins,
Att, Gem. Did be :
Pkrkyoa?
• £iiA«iA. Itwas Mr. Lewis that saki
twenty-ibur to the best of my rci
bea
a J ao, or sir W
^t. Gen. Where were they sent ?
iuAsji*. Indeed I koownot,!
any of them hot those two.
^^ Got. Who deUrered those two to
Ewbmmk. My iiiasier,sir William Pferk
Att. Gem. Who were those saddles for
Eubank. They wers for two gentlci
hones that were there.
Ait. Gem. Whose horMS were they ?
Eubank. They were not my master's
they Stood at that phK;e.
Att. Gen. Did yoor master erer spei
yoo about them, to hiok aOer them ?
Eub. He aaki, if at any time I was tb
shoukl sao that the hostier gare them
Att. Gem. Were they yoor master's \u
ornot?— &I*. Nottlmtlknowof.
Att. Gem. What tkne did yoo go o
town?
Eub. I went oat of town with them i
four o'elock m the afternoon.
Att. Gen. When did you hear from
master afkcr that?
Eub, Upon Monday I had a letter firom
Att. Gem. What was that letter ibr?
Eub. It was to go to my master'a boa
Warwickshire, to one Richard Erans tha
his serrant, to whom he sent a letter.
Att. Gen. What were the contenti ol
letter?
Eub. I did not see what they were, j
sealed.
Att. Gen. Did you carry that letti
Erans?— £a6. Yes, I did.
Att. Gen. What time did yoo come thi
Eub. IcametbereaTuesdsyatfburo'i
Att. Gen. What did Evans and yoo do
you had read the letter ?
Eub. We went to fetch some boies tht
master had ordered Erans to fetch boim
was about two miles, or more from booM
tradesman's.
Att. Gen. What was his name, was it
wood ?
Eub. Yes, f think it was something lik
name.
Att. Gen. Did yon eo with Erans to
the boxes from th«Dce ?
Eub. They had a man that dnwo the
to t'eicb them.
Att. Gen. Where they carried in a
then ? — Emb. Yes, they were,
Att. Gen. Wtre ytm these when the
were brousrht beck? '
Eub. Yes, I was at my nus«er*s hoosc
Att. Gem. What did t&ey do widi ihev
EfLb. They buried them in the i
A(t Gen. 'What, in thel
Eub. Yesk S«r.
Att. Gem. How ssan
£ad^ Five er tti, I lU^ I te
wvuithem. 9
An. Gem* Tau lieTp^ to bury iLem, ditJ yoQ
M N« ; boc I WIS there, J nw them
in. Cem. Did £tins teU yoa wlttt they
£ci. Bt«iit U>U] me 1 bey wer« choice goods.
Mi. Owm, £f am toJd you so, did lie ?
LC J. WIl&i timeof the day or ntgfii were
Tkfy *^nt a«r»y about faur o'clock i
LCX How far is it from «ir WtJiiam Par-
r tf> HaynroodV?
'Eak I tbtok atHitu tliree or four mUtSy J
t iHI Wvir far cuactty .
LCX Wlxskt tjfue ittrj they retom ?
&I* Alioul t^nor eleven o'clock at night.
ahfwmmm^ My luftlf t under eta ml he sayi
tafir^ tlirTfi inirn^fliitely; vfashefhvrey
N«, A -Mo bury them; but
pot upon them.
C*ai. Pray, EuUanki let mc aak you
lli« person that lay at Ihecontec-
I yen oMerre wbetliur he h«id a lame
£^. No, I did not take notice of any gucli
fd. Oem. Will air Waiiam Parkynsask him
■ffMaiioii.?
L C. J. Wlwt fay yoti, air William, will
jmmk him »nj que«tion^ f
PM^i, Voo aay one Holmes wettt out of
i^i vak BM? ; pray give au account what
BAMAst LB?
£iA. flM fat Mr. Hohnes, if il plaase vour
^^■i^lt Irras at ibe Golden Key m tfol-
iyhm. Ify lord, I olwerve this to dtatin-
f^ n, that 'H was iiol, as Mr. Attorney
i|a|al it, tnmjoT Holmes (hat is in the proclii-
li waa t*t\€ that used to beat my house
r ; be wo» m ray house all the siiromer.
sen, Vou dii! well to ask him that
Ui ■ ' . it.
.C J auk him any more quea^
■ f — Pt.* K\f I. Sn^ my lord.
Orn. Tli*Ti our uext witness is one
y 11 ipwrlV . ( W ho was sworn . )
Ah. Cra- Wbi»re do you li?e?
Hip *t io Warwickshire*
A*' lb whom ilo you live ?
% wyaelf* »ir,
in, OtM^ i>o you know of any goods thai
^cvfM Ifnoi'Mr. Haywood^b house to hir
^&am I'fcrkyaaV hoiMe ?
1 mmtm lirMB LilchfieU fair upon Asli-
by, wlicfe 1 liad been to carry goods
^WL Gck. Did not joo my yon lived of your-
^ I Mked y0ii liJbr^^wboyou lived with ?
%
rP— B
t
Ir. Haywood.
Ymi fttd TOO bad oo master.
. %. T¥i(t ii, wlMa M pleiieita«ii|iloy
|l *•* far bin^
me.
Alt. Gen, Pray tell what yon carrieil from
Haywood ^fi house, and who came for them ?
Mif There were, to the best of my remem-
bratice, either seven or eight boxes,
Jtt. Gen, W h o ca rue fo r I hem ?
Hip. There was one of sir William Parkyns'a
men, one Richard Evaos, that was hiii servant^
and one Whetstone, that was tenant to sir Wil*
iiam.
Att, Gen. Well, how did tliey come, and
what did they do?
Hip. They brought a ^^^gt>n and two
mares.
Au. Ctn, About what time was it?
Hip, It was about nine or ten o'clock at
night when Ihe^ weut away.
At. Gen. W/hui orders had you from your
master ?
Hip. It was near upon seven o^clock, when
the waggurt came, and toy master wished me
to go to borrow a mare of , at ; 1 did
so, and 1 brought the mare 1 bad borrowed
with me home.
Alt. Gen. What was that mare borrowed
for f — Hip. I know not.
Att. Gen, What use was she put to aAer*
wards ? What did \ou see more ?
Hip. Why, belore the team came (about a
quarter of Buhour before) to fetch these goods*,
my in aster told me, that sir William PniKyns^s
men were to come to fetch some betiding and
other g^oods, what they were he knew not |
ami he ordered lue, when ihey knocked at the
gate, to let them in ; and I ifjd ^o.
All. Gen. Well, friend, did they carry away
any goods, and what were they ;-*
Hip. They were in boxes at first* in Uirae
boxes ; and then sir Wilham Parkyns^s serrant
did knock off the outside lining, which was a
deal board, and he drew the nails, and took oat
of two boxes thi^e boxes a^piece, and twn out
of another: to tlie best of my remembittnce I
tliink there were eight, but I am not sure whe-
ther there were seven or eight.
Ati, Gen. Did they cairy them away that
night ?
Hip. Yes, fdr Wra. Parkyns'sman Htchart)
and the tennnt earned them to the wn^rmn, and
I hghted them down with a lauthom, according
to my master's order.
Ati, Gen, When, what day was this ?
Hip. It was Ash- Wednesday nt niyfht.
Ait. Gen. Then set up Mr. Haywood, (whs
was sworn before). Pray give my lord an ac-
count, when sir William Parky ns's goods wero
brought to your bouse, who brought them, and
what dii-ecllons were given akjut the careful
keeping uf them.
Huywitod. My lord, about Miclmehnat lasi,
sir Wj Ilia in Party ns'S man came tu me wiih a
knier frofo one IMr. Chumock, and tlie effect
of the leiter was, to desire the favour of me to
lodge some goods of sir William Parky ns at
my house f for he was taking his servaiits frfuu
his botise, and he was lotb to leave hts goo^ls
in an empty bouse, and he desirfd me to let
thorn he at my house, which I did,
U
I
m] 8 WILLIAM IlL
Jii,. Gen, How were they put tip ?
Hdj/umuL I think in three chests » pt'^^y
h\g chests, niiiled up aod tacked ; and there wa^
ft &<1 aud beildiDg, and a piece of tapestry or
i«o,
Att. Gen, Pray, did that letter come from
Mr Chartiock F^^Zfo^ztoo^. Yes; Evans, iir
Wilhain Parky ns^s maoj broojjhl it me.
Alt. Gen. Pray, &^ir, hnw are you relat(^d
to that Mr, Charnock ? What kin ishe lo you ?
Haywood. I marrieil hi^ sifter,
L, C, J. YoLi took the goadt into your coi*-
tody upon that letter from Charnock f
llajfw, Y^es, my lord» I did.
Ail, Gin, Pray, nillyou^ive anaccounif
whether y<^\\ were in town hefoie this disco-
very« and had any discoui'sp with Mr. Charnock
or sir William Parkyns ahout these ifOi»tls?
When did you se€ Mr, Cliarnock afterwards?
}lai/u\ I came up to Lcnidt^n the loth day,
and Twos iu London the t7th, IBtb, and 19th;
I think those three dnys* ; and L went to see
Mr. Charnock at hi^ lo^t^iti^a, hut i t%»s hardly
with him a nuarter of an hour ; I told him sir
William ParKynn had sent some goods to my
houstf, and l'de:»ired to know wlien he would
fetch them away, 8ays he» I caimoi say when
1 shall see him again. 8aiil f, J shall have
some business at i he Temple, and I will meet
yon at the Temple coffee- hotn*e. Say « he, I
will meet. Am hrinf^ sir WilUanj Parky ns
with you, if you cnu, said V. He came at)Qut
eight or nine oV^Iock otv Tuesday morning ;
says he, sir William Pai-kyns is at my lod;^-
ings, just a-i^oin^ out of town, and wolild de-
sire to ^ee you. 8o I tvent up, and ah WiUiam
Porkyns was ready to ^o out of town. I totd
biui [ hnd some goods of hi4 at m) kouf;e« anit
1 deaired to know how he wovifd dis[»os€ of
them i what he wouht do with thejn, lie
would tuke them away* he said, the tirat op-
portonitv, or to tliat effi^ct.
X, C/J, When w as this ? Wliut month f
Hayw. U was tn February last.
L/C. X What day?
Hoifw, I think it might be about the eigh-
teenth day.
L. C, J. It was you that deiir«d to have
them taken away, it seemSf was it not ?
Hayw, 1 asked him when he would take
them away, or what he wouhrdo witlt them.
L.C.J, And what answer did be make f
Hayw, He aaid lie would take them away
the first opportunity, as soon as be could dis-
pose of I hem, or to'that effect.
Ait* Gen. Now, wbr>n you came home, tell
us who came tor those goods, and when ?
Hnifw. I think it wasi upon a Hhrove- Tues-
day that I came home, and my wife naid sir
W^ilham Parky lis had sent tor liis goods, and
deijiied to have them away } hut that she had
made answer, 1 was not at lioine, but should be
at borne so-on, and then he might have them
away. The next <!ay I came home from
Litchfield fair, ahout live or six o^clock at
oigbt: It waa Ash Wednesday at night when
I came bome, and the luau came to me be-
Trial of Sir fVUliam Purkjpis^
[W
tween six and seven, and told me his
desired to have the gofiils away. I told
he mii^^ht have them w hen he would ;
he would have them away that night. ^
him it was an unseasonahte time : hut, tiyvi
the waggon is a- coming, and I desire f
would give me leave to take them away ; m\ '
I did : then he said he had but two honjc^
he dcsii'pd me to lend bim a horse ; w hm
did, and he took the goods, and went away
tbcov ; hilt for wliat he did at\erwards
them, I know nothing at all of it.
Sol. Gen. Then swear Mr. Wh^
[which was done,]
Ait. f7f»» Pray, Sir, do yuit giie aii
count when you went with Evana to Uj
wood's house, and what happened.
Wh€titoj[}€. His man came to me-^
AU. Gen. Whose man ?
Whcttionc, Sir \V)niAm Parkyns*!
desire me to go to Mr. Hay wood *s
Mime goods of sir William Parkyna, soi
dmg, and some odd thiui>9, which 1
said he, 1 will gr» the next way to tba
and 1 w ill meet you (jeforc you can get
and be did meet me half a mite off tbe
and toUl me I musit slay, and not come lo
bouse till it was niglii, till it was later.
L. C. /. ^V ho told vou bo ?
Whetiion€, Str William Parky tis'a man
me so ; so be went forwards to the gfate,
then came tiuek, and called me to come
tlien we went to the h^use, and loaded
waggon witti hoxes and beilding that wii
Aii, Ofn. How uiaay boxes were tf
Whtihione. I cannot telt wlietber thi
seven or ci^ht.
Att. Gen. Whither did you carry theiof
WheUfone, We carried them lo air WiHi
Parky n'i'i iioii<ie.
Alt, Gen, Whiit was done with them?
Wftfitlune. There they were put into
grmind by the Wiill snlc, where they
found.
Aii, G«n. Why, w as you present w hen
were found ?
Wftit stone. Yes, I saw th*>ro dug up,
Att. Gen. Then you can give ua a a
of them : Wliat were they ?
Whtisione* They were arms.
Aii. Gen, How many were there? Wl
quantity ?
Whemone, Truly, I cannot tell.
Mr.BoAer. Where is the constable, Tbi
Watts?— H'^flf^*. Here am L (Uewasswofl
Att, Gen, Are you the constable ?
Waiti, Yes» Sir, I am tbe con^atahle,
searched sir William Parkyns*s bouse,
upon aearchtug in the garden 1 Ibund
arms there.
Att. Gen. Pray whatqaantity of arma
you find there ?
Watt}i. Four dozen of sworda, thirty-1
carbines, tweoty-flve brace of pistols.
Att^ Gen. W'hat kind of swords were th
Wolii. They were bro»d « words, tw«»-€d|
aworda.
Jbflt High Trea^m.
Wefc there any hilts to the
ITaflt. N't; bill ther^ wna a box of hilts
ito I suppose iva^s pre|mred forllieiTi^
jl*l. Geo. Where did you find iheiii?
T^iU, In ji border under the wall by the
•ft. Did yoo see the boxes broke o^jen,
\^U, Yes, Sir, I took Ihem and broke
I o)ien my o^^n self.
KryfiKiiv* 'iVas Whetstone by, pray, Sir,
I they were broke open ?
f«tij. He virus not tliere by at the first,
E dttj^ tbem up; bui 1 brought iheiii
»D house, and there I broke tlieiu open,
^ we snw them.
, O^n, Will you a\k him any questions,
rWili^m? — Pitrkim. No, 8ir,
SoL Otn. Then c^ll Turton» Freemai),
PrHfry (Who were dl sworn.)
AiL G§n^ Pray «et up Mr. Fre«finan.
^Wlicii Witt done.)
da, Gtn. Where do you lire ?
X\ ibe George Ian iu Holbora.
ra». What are you ?
I am hostler there.
Gen, Prny do you g'ive an account
bonei ^erekept there of sir WilliaRi
fit^ Odd bi)w many*
IWiiMiv. He was a ^ue^i to the house all
^ Itot mumm^t sometimes more, sometimes
Mt Gm^ How was it last winter about
F^Arwf Usi, how many lior^es htid he then ?
~ an^ He bad sometimes three i*arae in,
\ four I the most that ever he had uas
Ail Ora. What time was that that he had
n. To my best memory, it was jast
belbre ihe disturbance, before the
ke out.
IM, Gen. Before the proclamation, you
an?
itmmn. Yes, before the proelamntion.
J I, Gtn, When was it P What day of the
kit?
aii. They came in on Friday night.
LJ. Hiftt. Ubat-j did five come iu then ?
Vcs, J thiuk 50.
. C. J. JfoU. Who was with Itirn ?
u. i only saw his ^roooi and auotlicr
, Oe^ Huw were they accrtulred ?
A ^41. Fi>or with holsters and small
on<*^ was a ltd mare with a porturan*
mm! in a hor!>e cloth wrapped up tiiert-
VIS one oriwo pair of jack buots and, 1 think,
a eallar is ooe ; 1 cannot letl whether there
•at one imdle or two.
Att* Gtn, When did they go away ?
^rttman. On Saturday in the alternoon.
An, Gtn. Did you obsf i ve any pers4>ns to
eMBe there ou Saturday morning f
§n€nan. There were two men that were
llMBVtthu ml out between two and three hours ^
A- D. 1096-
[102
they rid out between nine and ten, and thejr
came in again between twelve and one; where <
they had been 1 cannot tell ; but they had nd ,
preity hard for the urae they were out, for tUe
horses came in in a sweat.
Att* Gen. Bet ore this time that you now \
speak of, what houses came up ? Can you re-
member how many horses came up the week j
before ?
Fryman, The week before there were some, ]
but how many I cannot remember ; they ▼cry-
rarely stayed above a night.
Ati. Gen. What do you know of any other \
horses that were left there P
Freeman. There were three horses that were |
at onr house a week, that were very gwwl ,
horses ; but 1 do not know whose horses they I
were, nor the names of llie (gentlemen that!
c^wneil them. The gentlemen that bronghlj
ihetn in (raid for the horses, only the g^rooo
told me his master, sir William Parky ns, badj
ordered liim to see the horses fed. i nevef i
received a farthingf of sir William Farkyuir]
but alwuYSof the^rroom.
Att. Oen, Pray, did you obserre any parti>.
cular hor^e that was brought in there, a roan
horse ?
Freeman, Yes, there was oue hor
brought in.
AU. Gen. From whence did that horse
come ?
Freeman, As was told me, from Moutilag:ue
housi*.
Alt. Gen. I believe you mistake the place |
recotleci yourself a little.
Freeman. Somerset bouse, I mean j a port«pJ
brought it.
Jtt, Gen, Are you sure it was Homera
house? — Freeman. Ves, it was,
Att. Gen. Do you know one Lewis ?
Freeman. 1 do not know him ; perhaps th^l
tapster does.
L. C. J. Holt. How many horses came from
Somerset house ?
Freeman* Only the roan i^eldin^, and a
very fat man mounted him, and rid out with
sir William I*aikyus.
Farkt^m, Pray, 8ir, what sort of horse was
that buy ^Idiug that you say the fat man rid
upon ?
Freeman. I say he rid upon a little roan
gelding about fourteen hands high.
Farkjfnt. But the bay gelding, bow high
was that ?
Freeman, About fourteen hands high.
Purkyns. There's your mighty borae for
service I
Freeman. They were no great inzed bo
none oClhem.
Parkins. And have not yon known these
horses lo have been mine a great white?
Freeman. Ves, I have known tbeni to b«
yours a good while.
L. C. J, Hitft, What, was the roan geldinf ^
sir William Parkyns's?
Freeman. No, not the roan, but the others;
iliey were oo ftriBfe liorsei^i^^ nvt^ S.\^^
8WILLIAMIIL
^wtfljr Acre all hift muiii ; tiMrevMBO
■cwriuange bone bat Ibe roaa.
L. C. J. Hot. Win yoa adc bim aiy Mie
^■frtiong?— >PT*ym, Bfo, nrloffii.
&/. 0». Tbco icC op Mr. Tiiitoo. (WUeb
kmnr or bonn'that were rtaading al
TrM^Sir WSBam Parkynt^
An. Gem. Fmr will j^m fire as aeeaont
wbatyoo know or bones thai
tbe Cicorge Idd is Hotborm ?
IkrUm. I bare knowo sr WHfiaaa Ptfkjns
to bare oic4 tbe iao tbii fbar or fire yean,
ercr since tbe inn was boilt; and in last Pe-
bmarj be came to town witb tbrae hones tbe
finttime.
Alt. Gem. What daj of the month was that ;
Tmrtom. I cannot nj what day ofthe ODontb,
hot it was about the week bdbre bis bit
eominf there, which was joit before the dts-
coveryAftbeiilot.
Ati. Gem, Do yoa know what day of the
week it was?
Turtm. No, truly I do not, for I fceef no
aceaaat of hones goin^ in or out. The last
time of bis coming was witb aboot Ibar or five
hones to tbe bestof mv kaowlcdfe, aodtfaat
was aaoa the Friday before the Hot broke oat ;
aod then upon that Friday, sir William PSv-
fcyas gave order to bb groom to gat the *
ready against 8atarday morniiy.
Ait. Gem. Did he go om wiib bio
Saturday BBoming.
Tmriom. Ue&td not eo oat with afi the
hmati according as he nad
two genilemea rid oat with two of the
and staid out about two or three boon, and
caoM in again, as if they had rid pretty bard,
tbe hones being in a sweat; and rathe after-
BOOB thi-y all went &irly ootof town, and gave
not that they expected to be ia town on Son-
day or Nomlay following, bat they did not
mom ; hot thoa came dmra one Mr. Lewif , I
know not that that is his name, ool;
formerly bekmgod to my lord of '
knew him to be gentleman of the bone to my
lord Fercrdiam, but I did not know bis name.
Alt. Gem. Had yoo not aeen him there be-
fore : Wbattime did become?
Turtom^ I do oot know that 1 ever aaw
him there before ; be was on Saturday in oar
^ard.
L.C. J. Hoii. Yoo are asked when Lewis
came?
Turtom. Tbe first time I see him was on
Satorday, in tbe yard, asking fiw sir William
Farkrns.
L.'C. J. Holi. What time on Satordav was
that? ' I
Turtom. It might be three of tbe dock in tbe |
aAemorm, aboot ao boor or thereaboots befon J
sir WiHan Psikyns's horses weot away ; and |
asking for sir William Pkrkyns, and he not !
Wag there, he retnroed back again ; and after '
tlmy were gone, ha caaieagam,aad 1 toM him
; hot the groom had
to cwpDre if sir W^uEam nu
were cobdc to town ; I lold him n
so be caoK again upon Monday momi
twist eight aid nine of the dock, and asl
if I hem nothing of hia coming to toi
tald him DO, I did net bear of his coming
Att. Gem. The horses that came op <
day night, bow were ther accoutied ?
Tmrtrm. Two or tbree'of them had h<
I cannol say bat for pistols they had
firecasr.
Att. Gem. Had they no carbines?
Tmrtom. No ; hot ooly horse pistols.
Att. Gem. Did you oor obserre anj
anns, or other famjtnre ?
Tmriom, I did see a pair or two of
boou that they rid in,bat I did not sc
Att, Gem. Were there nay that were
op in a bone-doth ?
r«rfoa. Ko,I did aotaeeany, ther
not broogfat into the hove.
Mr. CSwpsr. Do you know what tn
hann were aaddled that day ?
Jkrtom. No,ldidBOt.
PaHbvas. Yoa obaerved, aod said ther
a«or piBmls,didMla
IWfsn. Yes; yoa
two or three pair whea yoa caioe
ParAyas. And as to tha jack-baats, ye
we rid m them.— 7Wfo«. I soppose aa
PaH^as. We abghled at Mr. John's
ly wheal
Oxfoid, I
mere small honm all of them ; pny wj
tell tbe coart what siaed horses they
was there ever a great borse among thea
Turtom. Nereraooe, 1 believe!,t&te»
above fouiteen bands and a half, aome
fourteen.
SoL Gem. Did you see the roao gdi
What size was that?
Turtom. A small pad, thatoi^tbe
thirteen and a half.
Att. Gen. Did yoo ever aae him
with so maoy boraes' before ?
Turton. i have seen more at the S
and Bockler, when 1 lived there ; and Im
to ino there.
Ait. Oct. Howmanv have yaa aaen
Swonl and Buckler? '
Turtom. I have seen four or fire at a
bui tliis is many yean aco, seven or
yean ago, wben'be'used to keep his coac
fbar bwses, and come up with several i
borKs with him.
Att. Gem. How long have you lived i
George inn? — Turtom. About two yean.
Att. Gen. Did you obeenrc any other]
that stoo<l there ?
Tirrloa. There were two that arcR
sisasbio bones laigcr than any of air
liam*sown.
Att. Gem. Whoaa weie ther ?
2W<o«. IcanaatteH.
AU. Gm, Did any body
fir High Tnoion.
. I iomH know who owned them;
I one that paid for their meat, and
away.
m. Who it that?
. TV«ly, Sir, I cannot tell ; 1 do not
0 he wai; I n«?er saw him in
!«. Has ar William Parkyns any
tion^toask him ? — Farkyns, No, Sir.
H. Then, my k>rd, we shall call no
lesMS, anksB he gives further oc-
e leaTa il^here till we hear what he
Sir William Parkyus, Mr. Attorney
ad Ae king's connsel have done;
v time to make yonr defence.
ff. My kird, I rely upon your lordship
itece ; for I am ignorant of these
ps ; 1 rely wholly upon your lord-
pre a true account of them to the
>pe yonr lordship is so just, thst you
i the evidence to the jury as it is, and
ise. Bot 1 do not observe, that as to
illation there is more than one wtt-
kkat is captain Porter: There is not
ire ! and as to that, I suppose yonr
ill declare to the jury, that I was not
in It; and captam l^orter declares, I
re no hand in it, only I was to fumiih
s, and accidentally I was at some
hmi he does not decWe that I was to
w HI particular.
.Yes, yes, you agreed upon the
Ike sereial resolutions of assassinat-
2, and said, that it was necessary
e him off.
I. Still, that is but one witness, I
Ikriy ; and the law says positively
1 ke two witnesses.
; Noi to every overt-act, there is no
s.
f. As to the assassination there is but
kerbothe; and so as to the regi-
&d not say that Ijvas to raises regi*
t that he was tow by a gentleman
I been desired to be in the matter, but
St, because I had engaged in another
aboat a regiment ; hot this was all
mv. .
\ Ves ; he said yon owned you had
U Besides, it b said you owned you
saddles, and your troop consisted of
a.
J. No, captain Porter never said so.
m. That was Sweet
. Yea tekl Porter, yon had a regi-
ik after.
«. Captain Porter is here, I desire he
A. D. 1696.
[!«
J. Yes, and yon told Sweet, that yonr
iated of old soldiers, and that you had
ifty saddles.
ML Aly troop, aye! But still there
ag era regiment ; nor did they say I
i a legiient, or a troop, or was to
MaeoC
TeaioMgM your troop coMftcd of
old soldiers. I did not say that you had said you
had raised or would raise, but it did consist of old
soldiers.
L. C. J. He says that which makes it plain,
that you were to have a troop, or had a troop,
consistiog of old soldiers, besides volunteers
that had been officers : and thaty ou had bought
a f^reat many s&ddles, thirty ssiddles ; and you
were to go mto Leicestershire ; abd accord-
ingly you did go, and upon your return, yon
did give an account that all was well, and the
west as well inclined to king James's interest as
the north.
Parkyns. That 1 went into Leicesterehire,
and met several gentlemen, and that they vrere
all well inclined ; I hope that is no evidence of
treason against me : every body ought to be
well inclined.
L. C. J. Aye ! but they were all well dis-
posed or inclined to king James's interest
Parkym. He did not say so ; if your lord-
ship pleases to call him again.
jL. C. J. Call him again. (Sweet was set
up agaiu.)
SoL Gen. What did sir William Parkyns tell
you of his journey into Leicestershire?
Sweet. He said he had lieen there, and had
met his friends, and all was well.
L. C. J. What did he say .^ Did he name
king James ?
Sweet. He did not name king James to me
at that time.
L. C. J. Wbarwasthe discourse about, that
they were all well inclined to f
Oweet. He always named it the king's
interest, and did not namo king James ; but I
understood it, and always took it to be ^mg
James he meant.
Mr. Mountague. What did he say of the
North and West f
Sweet. He said that the West was as well
inclined to the king's mterest as the North.
>' Att. Gen. Whatdkl he say before he went?
Sweet. He told me he was to go into Leicester-
shire to meet some of the King's friends.
Parkyns. Pray, recollect yourself, and con-
sider what you say .
Sweet. He said, some gentlemen rid as far to
him,4» he did to meet them.
Att. Gen. Was that the time he talked abont
the troop ?
Sweet. No, that was before this time. lean-
not remember the particular time ; it was at his
own house, and captain Scudamore was with
him.
Att. Gen. When was the discourse about
king James's landing ?
Sweet. He told me that he believed new tha*
king James would hmd, he said he had his owtt
word for it ; it was about Christmas.
Att. Gen, What did hesay about preparation
for itP
Sweet. He sakl his own troop was is consist
of aU old soldiers.
L. C. J. Dkl he tell you he had a troop ?
Sweet. I speak his own words; he said, Mj
troop coonsti of all old iddiCTa.
107 ) S WILLIAM m.
L. C. J. Was iV comisti*, or will <
though I think there may be no great matter of
difierenoe in this case P
Parkynt, Yes, hit lord, but there is a great
deal, sore ; for * willconsist' sheirs nothing yet
done, and all is but words.
L, C. J. Sweet, answer to sir William Par-
fcyns's question.
Sweet, I tell your lordship, I repeat his own
words, My troop consists or is composed of all
«ld soldiers.
Mr. Cowper. AVhat did he say of volunteers?
Sweet. lie said, there were some gentlemen
that woold go along with him asf olunteer8,that
had been old officers.
Mr. Cowper. Pray let me ask anotlier ques-
tion? when be discoursed of the present Kittg,
by what name did he use to speak of him ?
Sweet. He called him by the name of the
prince of Orange.
Parkym. Pray, recollect jrourself, Mr.
Sweet, and think of what you say : since he
was declared king, did I ever call him prince of
Orange; 1 am upon my life, and pray speak
nothing but the truth.
JL C. J. Consider, and answer the questioui
What did he use to call him ?
Sweet, Truly, my lord, I am not positive as
to that, 1 underwood it so. I never knew that
he allowed him to be king of England.
Parkym. Did you ever hear me call him
prince of Orange, since he was king ?
L.. C J. Look ye, Sir, how long have you
been acquainted with him ?
Sweet. About three years, my lord.
L. C. J. Well, that is long since his Majesty
was declared king ; have you ever heard sir
William Parkyns call this king prince of
Orange?
Sweet. 1 am not positive in that, butiunder-
■tood he did not allow him to be king.
Sol. Gen, You frequently discoursed with
hun about the government, it seems ; pray,
what did he une to call him ?
Sweet. I have heard him call him king Wil-
liam, and the little gentleman.
Parkyns. When ever did vou bear me call
him the Little-gentleman ? Mr. Sweet, pray,
when you are upon your oath consider well,
and recollect yourself; and do not answer rash-
ly and suddenly, but think of what you say.
r always expressed m3'self, when 1 had occa-
sion to speak of him, and called him king Wil-
liam, as other people nse to do, I never used
the words, little- gentleman, nor prince of
Orange neither.
L. C. J. Did you ever hear him call him
tMberwiae than king William f
(He paosed a while.)
L. C. J. Pray speak the trath and no more.
Sweet. I have heard him call him jtrince of
Orange.
L, C. J» <But you have heard him call him
kioji William too ?^Swut. Yea.
Hr. C&wper. But pray, when he spoke of
Ite Idtigf what king did >ou understand by it ?
Smmi. losedtouAderstaadkingJaiiiei.
Tfial of Sir JViUiam Park^u,
I
Pdrkym. What is that to me what he
derstood ?
L. C. J. But I would observe to yeu
tiling, when you came from Leioeitenl
vou talked how well disposed they were tc
king's interest ; he says, be understood
king to be king James, and you said the \
was as well disposed as the North ; pray, i
were you employed by king WiUiam ta
how the gentlemen stood affected to him ?
Farh^. No, nor by kmg Jaroea neitJM
L. C. J. Why then should you eon
yourself for the kmg's friends in tbe Wcsl
the North ?
Parkyiu. I never was in the West isa
life, and therefore cannot tell why 1 aboiii*
him any thing about tlie West.
Att. Gen. Pray, Sir, when was it tha
WiUiam Parkyns spoke about the king's &
ing?
Sweet. It was about Christmas, be sai
believed he would land.
Parkym, Did I tell you positively it m
be so then ?
Att. Gen. He tells you he said y<M
believe it, for you had it from his own moi
Parkynt. That shews it is not probfl
should tell him so; that I shoukl hm
irum his own mouth, carries such am
probabilitj with it, that the evidence ifl
descj it destroys itself.
Sol. Gen. He does not say you had it
hb own mouth, but that you had his wort
it ; and this being about Christmas, long^
our king was returned, it could mean no <
king but king James.
L.C.J. Look you, sir William Plaiir
there is another thing I would observe, V
did you send your man to Kensington tt
Brown ? Who is that Brown ? and' what'
the man that lodged at the confectioner^
Holbom?
Parkyns. I cannot tell who it was, I kc
neither Brown nor the other man ; but I s
my man at tlie revest of Mr. Chamock, v
lodged in the same house with me ; he
sired he might go upon an errand for him
Kensington, and I directed him to go n
such an errand, for he was formerly Mr. CI
nock's servant, and 1 desired him to go of
errand if he requested it. Who these i
were, I know not, neither of them, nor anf
their business.
L. C. J. But he was bid by the roan 1
lodged at tha confectioner's to tell bis ma
that he would stay within for him.
Parkyns. That might be Mr. Chamock,
he was nis servant o^ce.
L. C. J. But he says he carried the n
sage to yon, and you received it. Well, fa
you anv more to say ?
Parkyns. My lord, I think there if but
positive evidence of any one overt-act.
L. C. J. Yea; what do you think of
design of bringing in king Janaea, and «
suiting about it, and assiatmg in tbo in?oi
and preparing a troapi aad proridiaf wom
fijir High Treason.
lit Ml diew overt-acts f Do you
v bafiflg a troop of old soldiers is no
If. Tkereb DO positive proof of aoy
njamis.
\ Itii proved there were arras sent
tllicbadmes last to Mr. Hav wood's,
fn Wether in law, and these lay there
l^edscfday last, afler your name was
damation ; and then they were re-
Um night, and buried at your house,
Idun op there ; and here is an ac-
es wbat arms they were, four dozen
i,tweDty-five pair of pistols, tbirty-
Ml.
H. First it does not appear when
s were broagrfat, nor for what intent
(kooght from Haywood's.
I Bit wbat use liad you, a private
nminyarms? And then your going*
eaoshire to meet some gentlemen,
gifiog an account how they stood
I the king's interest, whether that be
id for the interest of kmg James, 1
N to the jury, siuce von give no
kitfou were employed by king Wil-
li. My lord, I went upon my private
>,iid then talked of news as other
I Botwben you returned back again,
ni tU was well, and gave an account
Mi were disposed in the West and
K If there any persons named, or
B? Can it be an overt-act of treason
ilNe?er my acquaintance ?
X Hot your going with that de«gn
^■ao interest against the king, and
*kiBg.
K He does not say I discovered my
1 went to meet with some friends of
^' Did be not tell you he was to ffo
td. Yes, be did so.
• Did be ten you to what purpose?
Be sud be was to go to meet some
r'lirieods.
f. Did I tell yon who?
So.
Bat there was a lord's brother,
etellyouofthat?
He said all things were well, and
rtt as well inclined as the North.
To wbat?
'o the king's interest.
Trehy, Yon spoke of a lord's bro-
as concerned?
le said several persons of qnality in
fre concerned, and a lord's brother
them.
. Mj bird, 1 desire he may be ask-
esaid the king would land, what
SBl, whether he named the late
M James?
If ill, Msircr that ; when he die-
A. D. 1696. [aO
coursed to you of the king's landing, did h9
name the late king James ? or did he say thsi
late king James ?
Juryman, Was he mentioned in the dia-
course?
Siceet. He never used to mention king
James to me, but only the king, which I un-
derstood always uf king James.
Att. Gen. Fray wbat time was it that he
spoke of the king's landing ?
Sweet, It was abooi Christmas.
Att, Gen, Therefore no other king could be
meant but king James, loa there was no other
king to land at that time ^ and he said he had
the king's word for it. I suppose he cannot
pretend be had king William's word for it.
Parkins, I hope, to talk of the king's land*
ing is no treason ; it is but words : If I teU an
idle story of wbat 1 think may come to pass^ .
shall that be reckoned treason ? Then for htm
to say, I had it from the king's own mouth, it
is impossible to be true, and is no overt-act,
being only words, and cannot be reputed tret-*
son. And then as to the other two parts of the
charge, the consultations with my lord of
Ailesbury, and those other persons, there it
but one witness ; nobody but Porter ; neither
is there any more but he for the assassinatioD ;
his evidence is but a single proof, and there
ought to be two positive witnesses, by the law,
to each overt act. '
L. C. J. HoU. No: there ought to be twa
witnesses to each species of treason, that is alL
Parkynt, There ought to be two wit*
neises to both these parts of the treason.
L. C. J. Holt. I must tell you, sir William
Paricyns, if any person does dengu and cooi*
trive that the realm should be invaded, or tht
king deposed, and another set upon the throne^
that conspiring to invade the realm, or dmse
the king, are overt-acts of high treason, witha
the statute of 25 £d. 3, and the same speciea
of treason as designing to assassinate him is«
It is compassing, designing, imagining bis
death and destruction. Now the question ii,
whether there is not another witness, besidea
capt. Porter, to prove another overt-act of this
design?
Farkyns. I don't find there is; for all the
rest is only discourse.
L. €. J. Holt, Yes, for what? Do you think
providing arms for that purpose is only die-*
course?
PorArynj.' The witnesses do not say for what
purpose the arms were bought.
h,C, J, Holt. Nor do you tell us of any other
purpose.
Farkynt. My lord, it does not appear wIma
they were bought.
L. C.J. Hjt. Aye, but wbat occasion iiad
you for such a quantity of arms ?
Parhyni, My lord, t did not buy them, after
all. I found them. If I had had liberty te
have sent down for witnesses, I could have
proved that these arms were in boxes all rtisty
m my bouse when I first came lo it.
L. C. J. HoH. Aye: But why were tbey
Ill]
8 WILLIAM IIL
Trial of Sir fVUUam Parhym^
buried, just at the time when the Plot was
broke out, and the whole desijs^ discovered P
Parkyns, 1 caonot tell, ray lord, how to
help it, if thev will make an ill interpretation.
L. C. J. Holt, What interpretation would
you have us make?
Parkyru. My lord, it is Tery easy to ima-
^ne, people do not care to be found with arms
at such a time; but, however, the having of
arms is no treason. They are as much a com-
modity as any thing else.
Att. Gen. And then the horse coming to
town just at such a time, aM the saddles.
Parkynt. I have not bought a horse this two
rears, and I travelled in no other manner than
used to do. So the groom tells ye, I used to
come to town with three or four horses alwflvs.
I never kept less than six or seven horses this
twentv years ; sometimes a great many more ;
and they were verv little bcvses, pads, no way
fit for the service tbey are presumed to be for.
. L. C. J. Holt. Have you any thing more to
sav,Sir?
Parfym, I hope, m^ lord, as to the assassi-
nation I am clear : Perhaps the world would
imagine, I have had some inclinations to king
James's service, and perhaps tbey may not
think amiss ; but I never did any thing, nor
had an opportunity to do.
L. C. J. Holt, God be thanked you had bo
opportunity !
Parkynt, And 1 hope my life shall not be
taken away without proof; I hope it will be
rather thought, tliat every one should be taken
to be innocent ; and it would better please the
long, that I should be acquitted, than to let me
he round guilty upon slight ground!< and ima-
ginations, of which little or nothing can be
tnaile.
L. C. J. Holt, No question of it : It will
please the king and every body else, that you
should be found innocent.
Parkynt. Then I hope, my lord, you will
not strain the law to take away my life ; ac-
cording to the rule, That it is better five guilty
men miouM escape, than one innocent man
suffer: Fur the blood a of man may lie upon
every body, if it be causelessly shed ; and it is
very severe to strain the law to take away any
man's life.
L. C.J. Holt, Look ye, sir William Par-
ky os, 1 must tell you, you may be under a
very great mistake : You may think it neces-
sary to have two witnesses to every overt- act,
but that is not so ; for if there be one witness
to one overt- act, and another witness to ano-
ther overt-act of the same species of treason,
that is all that the law requires.
Parkynt, Here are two species of treason,
levying war is one species, and assassination is
another.
L. C. J. Holt, Your design was, originally,
the restoring of king James, and x in order to
that the dethroning of king William.
Parkynt. That appears but by one witness,
which is not aoeordiDg to kw, which requires
L. C. J. Hi^t. One way of effectii
design was by assusinatiite, the other I
sion, or by force.
Parkynt, Still, my lord, here is' tl
witness, and that is but one.
L. C. J. Holt. Yes, there are two.
Parkynt, None but captain Porter.
L. C. J. Holt, What, not as to the r
of king James, which tends to the del
kii^ William ?
Parkynt. In what particulars, my k
L. C. J. Holt. Your providing an
going to Leicestershire, and sending C
on that errand into France. As to the
nation, indeed, there is but one positive
besides otlier circumstances, which hf
weight ; but as to the other, you said i
would come— — r
Parkynt, It was my opinion, that's
X. C. J. But you said you had his wc
Parfynt. Does not that answer it!
lord P Is it possible it should be true
who was in England, should have the
one that is at such a distance beyond si
L, C. J. And then your buying of
for what purpose were mey ?
Parkynt, My lord, does he say it W4
der to it? I am sure he does not, and
shall not be presumed out of my life.
X. C, J. When you talked of thi
landing, and said, you had his word foi
likewise said, your troop was made u
soldiers, besides volunteers that had I
fleers.
Parkynt. Still there is nothing (U
does not say there was one man raised.
L. C. J, And your going into Ixmco
upon such an errand, as you told liini y
upon.
Parkyns. Well, my lord, 1 must le
your lordship. I hope you uill tonsi
of it.
L. C. J. We must do that which is i
tween the king and his subjects.
Parkynt. And, I hope, my loni, the
sioh of subjects is more acceptable that
struction of them : and the government
concerned to save the iimoceut, than to
the law to punish the guilty.
L. C. J, It will be more acceptah
indeed, the king and kingdom are vei
concerned in this matter, and at tliis i
William; and the gt>vernment ought
care to prcsene it^eU'. Have you an
to say, 8ir? If you have, pray 9|>eak ii
Parkyns. I have no more. I suli
your lordship ; I think there is hut <
ness, and all the other is but conjeci
nonsense; and oul v%itii€ss is not sutfit
the law of England, ibi* by the statu
must be two.
L. C. J, 1 have told you my opinio
Parkynt. Besides, y out* lordship ha
me this many years, and you know
education was not to war and tigtiiiog.
gown; and your lordship knoM bovi
aMy 1 have bred.
115] ^^^P ^r High Treasan.
ImC.J. f i»«v«iniown y mi heretofore, sir
wmW ytm kept your profession ami
D* 1696.
[114
Fmriairng^ And sow fn my old age, niy Itird,
I tm grijitti IJifTie, aiit) listve lo«l the use of my
invk fTHii ilMf gnat, und arnrce able almost to
M«tt tmf ibet. Therefore it cannot in reason
mtkmtnt ^rahahlc, th&t 1 «^houl(l en^a^e in
•■k B Msinrss a» this; mill therefore I bo(>e
. jii^mjl inlerprrt h\\ thiii^n in a nriilder sense,
^■^■tor flf litis, rftther thnn for the destruction
^^^Bid tlie ruin of n man's fortune and Ik-
LC^J. I idl yoii^youbavehad my oinnion
iiiiiiiiH, the tiumlier of i*ttne^sea< 1 su[>-
fiw lilt Iftfil mud brother witt declare tJieirs.
L.CLJ^ Trrby^ My lord chief justice, it
im^ ilort please to hiive us deliver onr upi-
MHi; t iJiir.k w ii nus^lii lo be verv lender in a
mm •f bl" ■ - hie of i^ir Wilhaui
PldcyiA i» ^ e ought to he careful
Ai^Wliare on wrou§r dnn« him. But I thitik
Vibtettcs iff Ircison, ripecially of this na-
l*«,4»fife of Uie Uin^, aufj the hvesi af all
at pe<»|»le of the kiogYiom are also at
%tk*\ f«f mutt be indifferent in ihit ca*e»
I in« tfrace of (jod vve uill be so. The
I Utat *\T Wdliam Parky ui proposes, t»,
tlirrt; ftre two iviineKses upon tbi^i
totliii 't if vi^hich he is indict-
•^ «tedb iSt ti "^iuK Add imagining
^kaif^^MOii: <M.c^ >^iU)es!4, at least, does
f^mtwmj prore, that you sir VVilham Parky ns
M ^tw tD thp 4leugii of aBiasginutmg the
lnC^ffBWMi, afiU proimaeto provide and con-
^Anlw«rii Af»«l arm^ to that purpose. Now
MfpM tbct t^ proved but by onr witue«is, and
hwi gtJDc no fiirther, Ibeo your
ukl bate hail a very ^ood ground,
I li»oa«i)ii tiai l^e a lei^itl prfiof of tri^son \
\ I •ml leil you, that thiii treaaon of com-
vaA. imayiniR^ the kitig^F death may
cndcnt by other ov<?rt acts, besides
KMainutirfa r to conspire with a foreign
> 10 is fade the 1 i. provide arms, to
Ik ii^wlara, ae> an insurreotion
Like ^isiTf (besie mt^^ mert^acti of iriia*
f llRiktag^a d«ath. For it cannot \>e aup-
bot clial be that would liave au mvasion
I WfTiclbo ag^in^l the ktng^i person,
1 tie dfftro^^tiou fH' the king ; he that
tak« away all bia defenc*^, which he
»e by tbaaasliitance of his subjects^ antt
icxpoaed to bia mrittil enemies^ cannui
I to deitig'n the kin^^s ruin and
Tbttdofv, air Witliatn, such thinisr^
Mr mlsft a compasting^ and imsi^iii-
*. lane's fftratb ; your providing arms and
«re etiil«<riee« and overt-mcta of this
ad f ^' ' I M<^ upaoddoiiu
I iM€, if that were
, » i^irna^fmiiire^^c. aa it seems
leaM was*
Btf ikat U not aifd, my lord, 1
fosir ptr^on lor uiterrupting' you ;
tiMl I WM tlNsm 10 rise I by tio
aMwr«r} %oA tlmid^ra, pray^ my
lord, do not inforce it beyot»d what the evidence
has proved ; he said, 1 went lo meet my fnefids:
was there auy tbin^ said it waa in order lo «
rising?
L. C J, Trehij, I think you mistake your
own words, an you spoke thetn to the witness,
if f did take ihem, ag 1 think I did, t\^\\U for
they were several times repeated. 1 ^vill do
you no wron^, sir William, 1 assure yoa. You
went into Leicestershire, and ynu say, it waa
to meet your friemJs; the witness says, it was
to meet the king's friends ; by the kin|f, it is
\ety pbiio, you meant not km^ WiUiara, bot
kincf James ; for you spoke before nf the king'*s
landings, which was at Christmas last, when
every body knows kin;r William was in Eog*
land. These coupled tr^eet her
Parkyns. I beg" your pardon, my lord;
those two thin^ are not butb to be joined to-
gether; the discourse of the king's landing
was at Christmas, aa he says ; the other thmg,
my journey into Leicestershire, was a mouth
afterwardi^i aud therefore they caonot be coupled
ti^ether.
L. C\ J, Trehy. The coupling of them, that
I meant, was only to shew who was umlerstood
to be spoken of by you, when you named the
king ; so Uie question is» Whether you did not
mean the same person in January that you
meant in Decetnber, by the word ting, espe-
cially since, as a discovery you bad made, vou
said farther, the West was as well iiiclinefl to
the kin;^'s interest as the North, and a lord's
brother was concerned in it? II by the king
you had meant king William ; how imper-
tinent and insensible had been all this discourse,
that the west was as well inolitied as the norths
and that a lord*s brother was concerned in it ;
concerned in what f In being" indinetl to king
W^illiam ; to what purpose cuuld that be said P
Farkynt, It may as well be interpreted that
way as the oihtr.
L. C* J. Trtbff. I must leave that to the
jury. And I confess, if there was not some-
what more in ihe case, you might the belter
argue upon this as to the interpretation. But
layinef aside the consideration of your riding
into Leicestershire, &c. here is this providing
of arms, proved by four or five witnesses, and
the serving of I hem in that manner ; and
there is no account given by you, that they
were provided for the service of the govern-
ment, or that you were employed so to do.
Certuinly it is not lawful to provide arms, es-
pecially for a wliole troop, as for aught I per-
ceive here was, though indeed I am not
skilful enough in those htisinesses, to know
bow mauy make up a troop ; but it is plain
here was uu insurrection intended, when the
invasion was made ; and that is an evidenca
that these arms were to be employed upon
that accouut, for no oll^n* use was to be made
of them, nar is preteiiiled. If you had found
those arms in your house, as yon say, il bad
beeu your fluty to have delivered them up, or
dinposed of them lo the use and service of tha
governmtut, which tervice loo, eould oaly be
tl5]
S WILLIAM m.
TrMtfSir WUliam Parkyni,
[1
If hen you haJ a commission from the gorern-
Dent, And not of your own liead. And then,
besides all this, von acknowletlge tbat you bad
a tnK?p of old soldiens.
Parkym. ft is but slidlngly that ; for he
only telU yrm, that a troop would be com-
Deed of ofd soldiers.
L» C, J. Trehy, How can that be ? when he
taySj he refietiU >oor own wordii, My troop
coa«i»U of old soldiera; can any body say,
tbat his troop eontisi^ of old soldiers, without
having a troop ?
Farkj/ri. Pruy, Mr. Sweet, speak; my life
i« at slake, di4t I s;av to you, it did eonsistf or
it was to i oiiiist ? fletjoHeiM youiaelf, and con-
sider *vc«11 before you speak.
X. C. /. ^ hat was it that be did s&y ? It
I conaUt> or it would cousi&t ?
Sv^eei* He ^aid, hia troop wa& composed all
^f old soldiers*
Parhtftis Hut does it appear by any evi*
ence, that I bad a iruop? If 1 had, who were
ey 'i l^one of lbtffi»e men do apfiear. Does
(Ilia trooj* consii»t of men iu I he air? that!
bouhl It-st men that are all in nubihus^ mvd not
onoof them to be known. Suppose I shoidd
lei I brio a tye, or make Home brags, ia this
lere ia no person proved to be li&ted
treason ? IJ ere
01* nftmed.
L. C.J. Bularmi) were foutid in )Our house
for a troop.
Farkynt. But v»here (hey were Iwu^ht, and
fhen tbey wvre bought, and made ready, it
doea not appear ; and I altirui to your lord-
ship, if you would give m^* but one day'atiniei
I would prove, that they were at my house in
Waruickshire when I iiratcame down thither,
which h two years ago. And I will fully
Qdke it out to your satisfaction , or I will be
rucified or any thing iu the %vorld. 1 i^n
prore it by a great many witnesses, by my
fricuda, ana all the servatits that belonged to
me, th^?y were there long before ttiis discourse
vas ImJ or thought of.
SimL Rukeby. If your lordship escpecta tbat
[ should dehver my opinion, I am ready to do
As to this matter of law that sir William
[^arkyns has proposed, he says, There are not
Ctwo Witnesses to the same overt-act> and there-
fore no evidence of treason ; truly, I take it,
anil always diij, that the law is, iliere need not
be two wilness^ij to the same overt^act ; but
if there be two witnesses, one whereof fapiaks
to one ofcrt-oct, and another lo another ovt^rt-
act of the same species of treikson, iUhhc are
two wiines^s within the law. Now, 1 think,
iic:reare two overt-ucts in ibe indiclaii-nlul this
Jlreasou. The treaaon is compass! ng^ the death
Df the king; the uvtrt-acts are fir:»i, the par-
pticuLtr dehi^n of the a^ksas&i nation upati his
jKrrjscm, and the other is, the bringing^ iu of a
J'oieii;n ibrce^aiul prejiaring horses and arms
I meet liuit foreign force here: All to the
Ame intent and purpose, the compasaiiicf ami
na^iuini?' the king's death. Now, besides
tliai of the asiaasinalioii, there aie a ^reat
lUiuiy iiritiifii£es that jp»T« thart wtra arms
prepared ; for there were found a great t
tity, when they opened the boxers; wii
boxes, tl is plain» he himself sent down to Hi
wothI's house : For though Charnock
letter^ yet it was by bis direction, as be i
to Haywood, when he was here in town,
then his arrant fetched them away from \
place, and this 1 take to be another ove
and proved by ieveral witnesses. Sir Wii
Parkyns speaks of his being a ^otin*ii
hut 1 do not know what a gowniQaii
to do wiih ««uch a quantity of arms,
Farkym. If you will give me leave to I
foriiOiue people, I will demonstrate itaii
as the sun, that ihey were in the house
years atfo, wheu I came finvt thither.
Just. Rifkthy. There were preparations
ye^rs ago, it appears, for the di'«tructi«
the king acd kingdom ; however, the tneai
were accuiied of it, bad the ludt to <
be iGf|uitted.
Parkym, My h^rd, 1 hope 1 shall not U
terpreled out of my life, i desire the sa
niay be read.
Just. Rokeby, What statute do yon ipei
Parkyni. The 23th of Ed. 3, and the ,
statute too,^ let them both be read to the j
that they may consider of it.
The Statute of the 25lh of Edw, 3. wwM
Parkym* There is nothing of two
there.
L, C. 7. No J but there is another
the 5th ol Edw, 6. eap. €. that may l^e
for your advautage : Will \ou haveVttail
Futkyns, Yes, if you please ; I kotiw
is another Statute that does direct it, aw' t
peeted to bare found it iu thl5 Statute,
CL of Ar, This is an acl made in tlic
and 6th years of king Edw. 6,
The Statute wis read to tliese w^
'* Unless without Trial he shall confesi
same/'
Purkym, TheiT is enough.
L. C, J. You have heard the Statute t
would you infer any thi^ng from it ?
Parki/ns. I inler that there ought to be
witnesses, and here is but one.
L, C. /. There are two uituesses.
Fat kym Not direct to the same thiol
L. C. X 1 shall leave it lo thejury, wi
this evidence does not prove an overt>a
demonstrate a design against the ki
design be ti» drpo^e him, and that is
by two overt-acts, undoubtedly that is
within the Statute ot 25 of Edw, 3.
Farkym, Tliat I agree, but yet there
be two wiine^sst^ of it.
X. C. X Suppose dethroning the kitig
the main desiLai that strikes at his life, aod
rtisolve it shalT be done one way or other.
• 7 and 8 W. 3, c. 4, s. 5, not then,
seems, iu force, but If it were, yet it does j
require it, but only tlrat there must be twa
the saiaa trtasun. Holt's Bep. 60S«
j€ff High TreoMm*
er by iosurrecliou ;
lib tt forei^ ftrmy.
!)C«i re there oiignt
■teio^nu, for tUai tcrv last act that is
^Blin a ttivif rlajv, declures It ts auf-
^nb^ie be rtnt* tu rioe oiert act, and
ET loiiioiiier i but ttHl it must be of tbe
jj^,f ' •— ■ ' • n|i; and dc-
Ilt^f . of bim, aod
B*{ ist bim, or to
to III L ot treason,
iqU' \vrr«^ overt-
i**^-' i: ,:'^s B8 can
fcc natU, and thrretore there ought to
no eiirb ot'tbcQi.
That wbicli I delivered us
M«, tlint ooc witnetis j» roving" oue
■y vvitDPSM proving an-
I me wufi of treason, are
^ rig; as tbe Jaw re-
i'lilly coa finned in
u act of |»ir-
i reason, (bat
'. iirasoii, but by
iiiony of two Inw-
^ . \UtM\ to tbe same
i\ to one^ uod fhe other
ovcrt*iict of the sitine
(wt. Of thr %nme trenBon* aye,
^<Te i( IK (be imagmiog
liul is tile Irrasoit.
^^^Uoi you may fay i'V€*ry thincf
^Bl if you pleciie to let the ^bolo
|K>u tliall b^vf it rend if yois will;
^Bt thai IS in it coocettiin^ this \
Jf»iw u de^itjru lo depose the kioif, i
I^Siieifhited by sotne overt -net, is an
I •• pn>?t; the debii^ of tlie deniii of
hen It inu^l l>e manifest, and not
; ■' «l. that
ttmn, that is an orert-
•i of hii! deuth,
Fbi_*y toie very thftcrent thing^f
Mitioini, IV e have seen a kiog'
\9\ he i% aUtf .
I nm iiure ive have Meen a
d, and yet, God be
* IT in tbe de-
<he iri'sson.
(, &ijLC«iii to aiuke
'"»'V'r people will
*brres^ or to
LIihj: tbttt is
-act of
>s« been
r fjules, my
^ t (ho^e men
iBB nr|ttil«d tbe mvUUuder in ciljecs
HU»U *!•*
.Frvif. Dal ui.
A.D- 1696. [118
of tS natore i For any act that expresses
intent of dethroning tbe king, by means of \
invasion by a foreign force, and an iys»irr»fctit*i
against tbe king^, is a proper proof of a Cie^x*^
of bis destruction ; and if not» then ajp-eeiotf 1
shoot htm is not an overt-uct. Men intiy s;
aiso, that there need be actual sbuotaig
make out the orert^act in that cvkse.
Farkym. If yonr lordship pleases to huft
the arri read, I slmll submit to your lordship*^
ju^igment.
L, C\ J. Let it be rend.
Forkynt. If you please to r^d the act, thf
preamble of it.
Ci, fj/' Ar. Tliisisan act made in ihe
year of our soiereit^n lord tbe kiogf: Is tba
tbe act ? It is ait act for regubting of iriiils m
cases of big li treuHtJiK and mijtprisiou of tre
sou. Is that the act ?
Faikt^ns. Yes, yes. (Tbe actwos read.)
Just. Hokebtf. Ibebeveifyou look into tl
^reat case in purliament, the case of my lor^
Niaffrirdj you v^ill find it was decfared for 1
that one ivitoc^s lo one overt act, and anothe
witntss tu another ovfit-act id tbr same t
sou, they were two witacs^es within tbe
and this vi as a solemn resolution in paritatuen
iu tbe House of lAudii,
Fftrkyns. I believe it has been done; hul|
here is a tienefictal biw made, which H' tafi
trial bud been ptit off a few days, I shooldl
have bad the benefit of it.
L, C. J, It would liaie been the san
tbin;r a^ to this mntter, for this act declare
the ^^ry same I hint;, as lo the two witnesi»t?s.
Fftfkt/m, Aiid tlien, niy loril, I could bai«j
bad u ilnesses to biiv r taken cjH' a ^real pari i
this evidences, nud the law comes lo tuke ifi^
vtiibin one day, and it turns here upon thisj
mutter of Sweet, ^^ lio is not a *:oo(l evidence :(
loriii'j manifest be has contratlicled hini8clf| '
and It is miinifcst be has sworn what cannot be j
true.
X. C.J. Wherein?
Farktfm. That E sliould &ay the kin^(
would I and here, for I bad his word fur it.
Jusl» liakciif/. You might have bis word, (
ufid not delivered by hi;^ own mouth ; tber« d
ure other ways to convey a man^s word| be- j
aides sneakiuf*'.
Farkiftit. But then we do not call it hiMt
word, that** hearsay.
Ju«»t. Hoktby. If a roan write his note Ihal^
he will do such a things we may rery wellsayt {
we have his word for it,
7^. C. J. It is not impossible hut that yoa
mi^bt speak w itb him.
Fnrkym, It is impossible I should speak
from hence to France. •
L.C.J, You might have been over witk
liim ; I bebeve a great many others have, and .
it is proved 3Ir. Cbarnock \Mmi over.
Just, RGkiby, If any man should hare said i
nt the latter end of the lust foomh, I believe
thut there was an assassin at ion mtended against
the king, because 1 have h'ts woni for it, mere-
ly from reading bis speech to tbe parlUiueot,
IW]
8 WILLIAM m.
I
wherein be affinas that he had fsereral proofs
nf it^ ihat bad been a firoper exprpssioo, though
tie <hd not hear the king »peak it.
Farkym. Yea, if be had the speech to pro-
duce.
Just. Rokeky* Then if il coroe by letter, or
message, or common fame, he mig'ht send
you word by particular messenger.
Parkj^m, Yes it thtre was any auch au-
thority as that it were true. But be hasi ma-
nifestfy c^ntradicteil himself, an J captain
Porter suears for I its own life, and 1 must
leave it to yon, whetlier tUey are to be behe^ed.
Just. Hoktby. Captaiu Porter's testimony
has been hiitHdently cooBrmetl by the ac-
kuowledi^nient of dyin^ persons.
L, C X WeH, have you any more to say,
air WiUiam Pnrkyna ?
Purkyni. No, my lord, I submit it to your
lorrlsbip'si tlirertion.
X. C, J. Then what say you to it, Mr.
Attorney, or Mr. Solicitor?
Soi, Gen. May it please your lordship, and
yon j^titlemen of the jury, \ ani of cuuosel
tiir I be kiug* in thifi matter, and it ist my turn to
sum itp the evidencf a^fainst the prisoner at
the bar ; he Btinds indicted for eompa$«ing the
death of the king*, for desii(ititi^ to depose the
kin^;, for promoting a foreign invasion, for in-
tending an tUiiurrLxtiun here at home, and for
aiding unil abetting the kinjsjf^s enemies, and
lor dtiin^ ^n bat be coulJ to procure the sub<^
jeclioa of his own country to forcigneira and
Strangers.
itemlemen, some of these crimes run into
one anoiber; designing the death of the king-
by assj^!iinaiiut>, and desitrnin;; to depose the
kinfi^, aniotint to cue and the snme thing
wirh compa^^ing- and imag^ining* the death of
the king.
My lurds the JLidg-es have given you their
opttiiou in that (K>mt nf law, and I think it is
«)^reoableto alt the resolutions tlmt have been
since tbc iimkini,'- of the statute of 25 of Ed vv. 3.
1 think tlmt it has l»een e\'p)aiiie4l so in the time
of Jtichurd the 'h\ ; but this \ am sure of, that
it was so resulvod in the time of Harry thf*
4ili, XV hen there ^oh a dt sif^u to set u|i Richard
the secnnd agiiin, nnd it was mJjud^fcd lo he
hit,'h' treason in compasninij JUid iinng:iuing the
deatli of ibe kinyf. For de]»osin^ the kiu<|',
is deutroying him in hii* poiitic capacity, us
much OS asHassinattnn ami itiurdentiiii^ t>j' hjm
is de^troyiiif^ hiin iu his nalurul rapiiciiy ;
and tip Ci>n^()irulorB in such tasts krunv wliat
the gfr**»l i*rid is they aim sit, fo subvert llit;
govt mm em as it is esiajjlisheflhy law, whereby
t'very iii^u eiifoys his oviii prnperiy, and the
freetloui of his person, uiitl ihoi^e that will be
quiet may havj* thr'ir liberty and projierty pre-
srrvrd rtttire to them ; 1ml sonie pfiple uri^ s^i
\^vy intpalient of suhmiilin^' lo ibf bw, that
Ihey ciinnoi he content t^» be in servitude tlicm-
selves, l»ut they must nefds do ull they cau to
brinj^f it upon tlieir fellow subjects. And m
wpre yzxy well if that those who were in Jove
with slavery I would but go ta soiq« other
Trial of Sit WUIUm Parleys,
places, where they may hav« cuong^b of
^n*{ nut brin|c it u|k»ii those who are so Ultk
sirons of such a thing, as we are, and 1
always «hali he,
Genilemen, to pro?e sir William Parii^
Guihy of this treason, wliereof be stmnda
dieted, we bate produced seTcral
and first there is Mr. Porter, and b« lelis
sir ^ilbam Parky ns told him he had
coinmi«;sion from king^ James, written
bis own h&nd, for iP«kio§f war agiuost the
son of king William.
Parky Hi. Sir, I beg your pardon, for
ropting^ you, but there was not one w,
that said ; liere is Mr. Porter, pray
if ever 1 saw a comtnission from kin^
L. C, J Porter did say so, if 1 i
any tiling Porter said ; you told him yon
read the com mission , and il was written
bis own baud.
Parki^ns. Alt that I beard of il wu,
when 1 was desired lo «uake one in the
sas^ination, ] refused it because I said I
busy about the matter of my regiment.
Jit, Gen, Pray call Porter again* («
Porter came in.)
Sal Gen, Pray, capl. Porter, will yon
thecuurt and the' jury an account wliat
beard sir William Parkyns say about the
niisiiion that came from kin^ James f
Porter^ I asketl Mr. LharnockwhY I
not see the commission, and he told am
bad nether seen it bimsrlf, but sir William
kyns had. I did a^k sir WilUam Park^
whether he bad ^een it, and he told me be
sec jt, and read it, and it was to raise war
against the person of the prince of Orange.
Ail Gen, Whose baud was it in did besayf
Porter, It was written with kiuy^ J
own hand.
Parkyns. This was my mistake, I tbi
he had said 1 told him I had u eomoaissbii
a rf^iment.
Idr, Mnntaout. Did he ^ve any reason, w
it was written with king James's own band ?
Porter, We used to say amongst ours^h
it was, btcnuse he would not trust any of
ministtrrs \i iih it.
Sot. Gen. I ivould not do sir William f
kyns any wrong, but only sum up what is i
terial in the eviflence given against him. 1 1
member very well Mi*. Porter said, Mr. C
nock toI4 him sir Wilkiiim Parky psi bad i
tbe comuiis^ioB, but 1 woybl not otfer that:
evidence a^^inst tho prisoner what aooti
told him, hut he says besides that sir Willie
PafkyuH tobi him bimself, thai he had s«ea
and tliat it was written with king James's o
h;^ud. He says that they bad st^verd
ingi together, sir Widiam Parkyns, and
ffreat many others ; and he names the p!
the Na;^\s-heiid in Cor eut- Garden, the ^
Tavern ui the Strand, and the Ghd)e tavern
Hatton-Garden ; he tells you particularly t
it wus agreed that King (who was execuli
and Knigbiley, and hituself, shouUI go I
view a place that should be proper for the
WJ
Jof High Trenton,
1, Mid Ui fif e n report to the prisoner,
the rest of Uie consptraiors^ wKut they
lit tlie most proper place ; and that
_ _• tbey did rievf (he |>laee» aod came
\ Digbt, and fuel the company, wherertf
liam Parky Ds was oue ; aDiJ I bey j^ve
oant bow ihe place was viewed^ and
, was thou|^ht most pmper, and ihen all
snv ag^reed to ii^ He says indeet),
nifiam Parkyns was not one (Hat was
i it ia bis own person, but one Scuda-
i ta be the man employed by bim ;
f Uul say it vvaA a ihin^ that was very
' lo be done, and would facilitale the
na nfktn^ James, and the hriniriin^
a^u : And tliere is likev»i(ie this
it^g efidence of Wr. Porter^s witli
, I sbftK observe by nnd by, tbut sir Wit-
il^rkyns was to procure 6re horses, three
»iiwrwf be was lo mount himself, and two he
wiatotrnd CAptala Porter to mount ; and if
te« vere ftirther occasion he could procure
aort Irofii Mr. Lewis, gentlem:in of t)ie
hant ts my Jord Feversbam ; and accordingly
vif bare jpnMiuced to you two witnesses, Free-
I aiidTurtAti, the one atajisier.tbe other an
r tbai litedattheGeor(re-inn in Holhnnj,
wIm fife yciu an accoiint that upun Friday
ktfbsllienrst day that was designed for the
iHMSiitioo, tliere did coute tliree hon»e8 to
liini, for iir Wdliam Parky ns ; but it beinq-
{■I «ff upon the disappointment, they were
Ml Mt w town ogam. Upon the Friilay
iftifuda, ibe day before the discovery, then
^katwme lour bones hrong^ht to town, and a
Sill wif of #fr< Lewis, which was a roan
B4fhfm. Pray, Sir, will yoii please lo oh-
ibil«»rtof liorsestbey were ; and par-
the height of them, that it may be
KPiv fit tfiey were for this business.
M 6tm, i will do you no wron*^^ s\r WiU
bm, if I can help it. The Jury havt* beard
Ikecfidettce ; and by and by they will bear my
brd'i directions : but tbey du say there were
tokougbt to town, juida'iiftb was Kc^nt, a roan
tirsi, the witness said the horiio came
•la^iie^ bouse, but then preiit-nily be
1 biftuelf, and acknov^ le»!{(ed the »i is-
i ffcflerw ards said it was from Somer-
80 there were llie five liorsefj, tliree
' sir William Parkyns was to mouni,
Aiktn Porter, a^ he hiniRetf siiys ; and
t(kw 1 instance in, aa Diiikni<:!f a couciir-
riif^f idence, and very near to two ivtlnesses
ttfirove thi* jjart of the conspiracy.
Ti>«o, ^eotlemen, captain Porter goes fur-
IW, and say>», that be had beard (but sir Wil-
I parky us did not tell him so hiti>«elf) that
""liaiiii Parkyiis liad a commission to raise
*ttt of burse, and was pre|»aiing^ so to
^ linst the time of the invasioti^ to join
vik tlic forces that were to come imm abroad.
f}rtn which, ue have called Mr. Sweet
lilipte YOU an account that he had been ai>
fiijQlcil wiib sir William Parky ns tor throe
^yi, and tlial be had of\ea talked wiib him
iMftcapta
Unit facts
about the kingf, that is, his present majesty,
whom he called the prince of Orani^f and th#
little gentleman ; and about kio;^ James, wbooft
he used to c^it always king ; and he said tb«
kingf wss lo land very speedily, and that he
had a troop which consisted of old soldiers, and
that there were several volunteers that were
ofHcers ; lie said be was to take a journey into
Leicestershire, anil accordingly lie went ; and
when he returned back again be said, the
west and the north were very well inclined to
the kind's interest, or to thut purpose. And to
strengthen his evidence we pmve, that he did
gn accord inj^rly into Leicestershire, aod we
prove it by his servajit that went with him,
w here he met with several persons, particularly
one Vurboroiigh, and a parson ; svlmt they
did transact the servant cannot prove, but he im
a concurrtiiLf vvituetis to prove, that he went
into Leicestershire ; and we have all the rea-
son in the world to believe that he went on that
erranil that he s]>oke of before, that is, to nieet
the king^f) friends, as he chilled king Jamef.
And then there is a further concurring evidence,
bis having a regiment, or a troop, it is iM>t ma-
terial, whether it be one or the other ; and that
h the matter of the arms, 4 do2en of swords,
S2 carbines, 36 cases of pistols, that were hid
in the garden of his house : And these arms
we have traced further, be sent ihem fnmi his
house to May wood ^s bouse ; there he (bought
they would not he safe, ami thcivfore sir Wil-
liam Parky ns sends far them privately; they
w ere to cmne away at night, und he brought
buck to his house, and they were accordingly
brou^jht back in the night to his brtuse, and tber«
they were buried ; and ilie same person saw them
taken up afterwards, which brought them to
liir William Parky n«'« bnnse, anr] prines they
were the same Imxes that were buried, and
which upon opening proved In he tliese urms,
that were first sent to Hnyvv(iod*s and after-
wards brt»ygh| bick to his own house.
80 that this, gentlemen, is a concumng evi-
dence both to what Sweet says, ami to what
Portr*rsavs; and those are the two witnessei
to this part of the trca^n, that there wits a pro-
vision of arms and men for this purpose, uhicb
he said he bad a commission for.
Now, gentlemen, against all this be makes
hut a very small objection.
As to the matter of two witnesses to every
overt- act, that has l>een over-ruled by the
court; autl as to the arms, be says be found
tlif m at bis house n hen he first came to it ;
and then tbey were obi rusty arms, but of this
he gives you no manner of evidence. But if
they were there when he came 10 ibe bouse,
bow came he at this time of day to hide tbera,
and secrete them ? Why might ihey imt be M'
public now bk they v*ere before be came, which/
lie has had time enough to prepare (o prove
since the tinding 0I them ? And lie does not
give you so mut-'h as any colounible rea^ion
why he so^ecreled them. And therelbre it ir
a most just and violent sus^iicion, that tbej*
were for the purposes thai the wittiesscfi harir
183]
8 WILUAM III.
Trial of Sir WiUiam Parh/nt^
giTen yoa an aoooimt of; and you hare reason
to beliere tbey were pronded for to arm that
number of i6eo, which he was to raise to assist
the French when they came to land here. So
that if you believe what the witnesses have
■worn, you cannot say but that he is guilty of
the treason charged upon him ; and we doubt
not you'll find him so.
Mr. Cowper, May it please your lordship,
and you gentlemen of the jury ; I am of the
same side of counsel for the king. Sir William
Parkyns has given us a good caution, which
I shall take care to observe : and that is, not to
strain either fact, or law, to his pr^udice. But,
my lord, when such a mattei- as this, a crime
of this nature, is so far proved against the pri-
soner at the bar, that nobody can in his private
judgment reasonably acquit him ; then I think
it a good piece of service to the public to make
the matter so plain, thnt it may be pot beyond
all manner of doubt, both for the ease of the
jurors, and for the satisfaction of all others that
hear this trial.
^ M V lord, sir William Parkyna has truly di-
vided his indictment intu two parts, the one
that accuses him of being concfirned in the as-
gassination, and the other tliat accuses him of
being concerned in inviting the French into the
kingdom, and en>;aging to meet them with an
armed force.
My lord, as to the first part, I must do sir
William Parkyns that right, that there is but
one positive evidence as to the assassination ;
but that evidence tells ye he agreed to it at se-
veral meetings ; nay, tliat he was one who said
it was necessary to be done, in order to the
other design he was engaged in, the facilitatintr
the landin;^ of the French, and king James his
descent and restoration. There is, 1 say, in-
dood, but one witness of that matter, but the
evidence of that one witness is coDtirmcfl by
many concurring cinMimsUmces ; by his send-
ing tor horst's to town the day before the first
Saturday, u hen this execrable treason was to
have l>ecn exocuteil ; by sending thcni out of
town again that day U|K)n the disap|K>intnient ;
by sonding for theui again the Friday before
tlie MToud Saturday that the kiuir was to have
been a^^sussinati'd ; by his bavin;<: more horses
than were usual with him that day ; by his
taking care tlirn of three lutrses thnt were none
of his own, and one of tlniu brought very
sus|uriously fhmi S«unerset- house; and that
all thest! i'itfht horses should l»e immediately
hurried andranitHl a\«ay upon tiic disappoint-
ment the seot>nd Saturtlay, and nothing; cvit
heani of them atWrwards.* I say one of them
was hn>nght « cry suspiciously ; for, my loid,
you observe it cainc fn>m Somerset- houses and
was si*nt by l^ewis aei*oidin!r lo the prisoner's
promise to caiitain Porter, which I>ewis, it is
apparent by all the witnesses of this matter,
was pri\y*to this design.
My lord, tliere is another circumstance be-
tidea this, which, 1 think, has not been ob-
MTvcd ; ami that is, bit Miiding for Sweet up
to town bafora the moomI liiM that the Idog
was to have been asnannated ; he
indeed before both the times: the firs
was told by the prisoner, he hid once
to have us»d him in a business ; but
cond thoughts he had compassioB fc
mily. And when he came the second
was first asked what condition he ha
family in, whether he had provid
money. He said, No ; and tliere upo
chid : and the priioner said, he migh
well have staid ^at home. All these
stances, besides the one positive evid<
vour strongly of his having a great hi
design of assassinating the king.
Bnt then, iny lord, as to the other ]
inviting the French, and preparing
them, that is positively proved by
nesses. Captam Porter tells yoa, tha
soner was at the two meetings in Le;
street, and St. James's- street, where i
])ressly resolved by all that were pret
the prisoner among the rest, to send i
over to invite the French to invade tl
dom, and to promise to meet king Jan
landing with two thousand horse. H<
That sir William Parkyns did pa;
agree to what was resolved upon at
consults. And Sweet tells you, thai
prepared for the same design ; for
William Parkyns told him the kin
land, he had his word for it ; and h
had a troou of old soldiers. * My tr
* consist' (lie spoke it in the present U
it being a doubt, sir William Parkyns
self that right as to examine the witne
and he repeated- it as his words) ' 3
*■ consists of old sol<liei*s, or is compos
' soldiera ;' and he was to have sever
teers that had been ofhcers.
My lord, these two positive wiin
evidence that goes to the same spccici
son, nay, to the same design, the rais
bi'llion, and the deposing the king,
killing him in lus politic capacity ; I s
two g(t home to the same design.
Anil, my lord, this evidence upon th
of the indictment, is corroborated tOd
strong circumstances. There is a joi
Li>icestcr, >^hich Sweet speaks of, thai
Parkyns told him he would underts
journey it is provid by his servants th
undertake : that he met there with sev
sons, and came back and made his i
Sweet of the success of his journey, ;
well dis|>os(.Hl the king^s friends were, 1
name he always meant king James ; 1
he s|)okeof our present king, he called
IJitle Geu'iloman, or sometimes king
and sometimes, as the w itness at laft s
tively. the prince of Orange: but \
spokeof the king, uitliout anything
alwaj^s meant king James; and bei
sfioke of a kioj; that was beyond sea a
iBas last, which could not be king
who was then, and had been in EngUnt
before.
Aly kird, the pr itooer in hii defenoe I
'High Treoimi*
him thai went with bim loto
been formerly Charnocli's
«Dl hy Char nock with the
aod not by him. Yet
fciit the evidence swore po«i-
I by sir William Parky ns, his
lit the note in the aliiianack
1 to whom lie was directed to
I at the caofectioner's housif;
Imt done, that the person that
^ ctiotier*8 did not remit him
► hk nin'^tersirWiUiDm Par-
would lie at liorae,
. er he should iiave
sad this WAS upon the very
fwms to have been aswssi-
William Parky n» ha« corn-
lie ctiM h&Te had his evidence
ksfe imivcd the arms had been
m bause, and that he found them
CiflQO thither first. If we should
r, we niiifht confess* and avoid
ipfiiirent that these nrms were on
{mt tip in a suspicious manner
sent to Haywood's (who is a
ion, by reason of his relation io
Etitlfotl whuse letter und recomnkeda-
iipceivefl)^ and concealed till ttie
ted ; and then they were
\ that place, and buried in Mr
own i^aiYien. This was
■tJa^'mg out of the plot;
d for the better securing
t>ds. And rthereaii the
II ere oKI and rii9ty
nu it now appears they
•lurbijkhcfl arms, and the
1b, and packeil together,
ftcour^c to another arg'u-
pUcf% the riio*l inovinrj-, 1 must
and that ia the art^nment of
of his education in the
n* of his ioiiniiitie*, hi«
y Arj^uincnts of pJty I am
guc II ri ttfrsw^r to» and UiouU be
I any niotion«4 of it ;
1 by vvay of answer
" t he
\i* i in
ImM ban* bij v,
IfloUCll hi 1/I...S '---•-■■ •'- ^.<.u^>it
Btnil 46«iilayt>i» ; that hi< ^l^atlil h»vo
f ii|ian lb. J. ,1 of kiiigH uimI the
mm ; !• t-re wai no jiity.
•J lhpii|: ' l.iiil their dcsityus
krf taj ^ er, hut they
Ujm, Htkii rjer-
Ui>u ai Ei^^^n^sinatinir hiui
di<»j»|H»iiitpd ; that it
V under-
A- D* IS96.
[ISG
Mke out, ami
appear
for it ;
iiNill« iUQi, I tUiitki of his
defence ; I Tiave^ as well as 1 was able, give
an answer to the objections made to it, and I]
muat now leave it with yoii, gentlemen of thtr]
jury : and IhoDgh these considerations that | f
hare mentioned may not quite remove all com* {
passion, yet they may serve to confirm you tB
a resolution of doing the king, and kiu>rdoiii|J
and yourselves justice ; and that is all weaskl
of yon.
i. C. X Gentlemen of the jury, sir Willian
Parkyns is indicted of high -treason, for design •
ing» 'imagining, and compassing die death of J
the present km^. There have been severalJ
witnesses produced that have given evideno*!
upon this mdictment; the first of th«m is Mvml
Porter, who has been a witness beretofor«J
against several upon the like occasion ; and
he gives you this account, that about the latterl
end of May, or the beginning of June last^J
there was a meeting of divers persons at thM
Old King*s*head tavern in Leadenb all -street, till
the city, where they dined together; and the
was sir VViUiam Parkyns, captain Porter Ijim*
self, sir John Fenwick, sir John Freind, and i
diversothers that be has raentionetl to you. Afl
that meeting they did consult together, whicli.]
way the late king James might be restored, and if]
was thought very necessary that there shoulil ]
be a French force sent over hither to Join with^
others for his restoration. And they did amon^ ]
tltemselves agree and determine, what number I
of forces might be convenient tor tliat purpose ■ J
they did propose 10,000; 6,000 foot, 3,000 1
horse, nnd 1,000 dragoons ; and that a messagr I
should he sent over to king James, to peri^uada '
him to snhcii the French king to furnish hint i
with sach a number of men, to ha sent over
into England. Mr. Cbarnock, that was thea i
in the company, was lU<3 perbon agreed upon j
among them to be the messenger to besenlj
upon this errand ; which en iployment he did I
undertake, upou their promise, that they would j
I'aisc among themselves 2,000 horse for to me
the late king at hi^i landing.
This being at that time determined, and Mr,
Charnuck having accepted this employment, hm
did make preparation to go upon thLs eri-and. In i
some time alter (a week or a fortnight, ortbere« I
abouts) there was another meeting, at whieb '
were several of the same persons that were
pre3!«etit at the former, and among ihem si^ j
William Parkyns was one ; and tliis meeting ^
was at one Mrs. Mountjoy'a, that keeps a i
tavern in 5>t* Jame8*s-street, where they did 1
<lt**cuur5e of what they had formeily agreed f
upon, and did again consider, whether thejJ
should proceed tosend Mr. Charnock with that j
meiisage ; to which thev all ngreed, that Mr,
Cbaruock should go, and he accordingly wenit J
and captuiii Porter met him abimt five or s'lv]
weeks aficr the nteeting at Mrs. Mountjoy*t|J
and Charnock told him he had been with thaij
several persons tvho had sent him, and had nc*
qnainled them with the answer of king James | J
which was, that at that juncture of time th«j
French king had Hucb occasion for his foree% I
that ho could UQi ^ptire tbem, or furntsb biua 1
ItZJ 8 WILLIAM UI.
with fo iBADy to come over here. This is the
lint matter tbat Porter givev you ao account
of.
But then captain Porter tells vou farther,
how the design of assassinating the king was
set on foot about the latter end of January, or
the beginning of February last; about which
time sir George Barclay was sent over with a
commission from the late king James ; which
acems to have given great encouragement to
that paity of men : For sir George Barcley,
captain Porter, and sir William Parkyns,
wiih divers others, had several meetings at the
Globe tavern in Uatton-Garden, the Nag's-
Ueiid tavern in Covent-Garden, the Sun
tavern in theStrand, and other places. And at
these meetings they entered into consideration,
what was the best way to restore the late king
James to the throne ; and it was agreed among
them, that the best means for the effectine that
restoratioD would be to kill king William,
which they resolved to undertake; and at
these debates and resolutions sir William Par-
kyns, the prisoner at the bar, was present.
Cfapfain Porter being asked whether sir Wil-
liam Parkyns, at these consults, did consent to
tile king's murder, he said they did all agree
to the asisssination of the king ; and sir Wil-
liam Parkins said, he thought it was very
necessary to be done, to facilitate the restora-
tion of the late king.
Gentlemen, this design of assassinating the
king being thus re&alv^ upon, the next thing
considered among them was, how it might be
effected. There were several ways proposed:
One was by an ambuscade ; for the king having
a house in the countiy by Richmond, his Ma^
jcsty u«ed to go once a Heek a- hunting there-
about, and to return at night ; and therefore
an ambuscade on that side of the \^ ater, near the
house, was pi'o|Kiifed. Then another proposal
was made to fall u|H»n the guards on this side
the water, and at the same time that the king*s
coaoh \%as to he »et upon. And these two
places being propoM'd, there was some dif-
ference of opinion amung ihcm; whereupon it
Trial ^ Sir JVUUam Parkyns^
other two were to be mountad by
tain Porter's providing; Mr.* Porter
Chamock, and one Rookwood were to bi
cipally engaged in attacking the guards,
number of men agreed upon for the
were about forty, or itvr more, and sir C
Barcley vras to have a party oat of theok
about eight ; and as tboae other* went
upon and charge the {guards, air I
Barcley with his party of men, was lo
the king in his coach, and by abooting i
coach to kill the king and all tbat wen
him.
The time ajfreed upon for patting %
sign in execution was on Saturday &e
February. That day it was expected tl
would go a hunting. And two mei
nlantod at Kensington to give notice w\
king went; and upon such notice the
were to march out in small parties,
lodge in the inns and public- bonsen
Brentfonl and Turnham Green, upon w
the king's return from the other aide
water, and sir George Barcley waa to
readiness to set upon the coach in the
and the other party to attack the guards.
But this horrid design was very happfl
covered, which prevented the kinff^
abroad on that day ; and thouffh they
disappointed for that time, yet the des^g
not at an end : But tlicir resolntions qm
to make the like attempt when they oooU
another opportunity. And for that |R
there was another meeting, as captain 1
tells you, iiiion the Friday following i
Sun tavern in the Strand, at which sir IV
Parkyns, sir George Barcley, Rookwoo
Chamock, and captain Porter, were pn
and they did agree to attack the king a
guards the next day, in the same |dac
manner that they had formerly agreed
But by good providence the king had na
it« so that he did forbear to go abroad tha
whereby these conspirators were total!
appointed of their barbarous and viUuno
sign which they had resolved upon, ao
WHM agretHl thai some persons should be Kent j made such preparations to compass.
to view the ground on Wli sides the Hater,
which |KM-KunH wer» eaptuin Porter, King that
was exerntml, and one Knightley : And so
siiinv days hefon* the 16ih of Februaiy they
did go un bntli sides the \«ater, and viewed the
ground, and reiunuHl in the eveniui^ to the
Nug's-head tavern, nei*onling to ugreeinent ;
when* were met together ^^ir (ieorge liHi'eU\v,
•"Vlr. ()hariiiH*k, an<l the prisoner ut the har sir
William I'liikyiiM. And ihere they made their
rejioit of their «ie\v of the ifnuind ; upon which
Uitli the iiiopoHaU were debatetl ; and at last
till V did all h|(irt« tliat the attaek should be
iiiiido u|Niii tlis king on thiK side of the water,
III a iune that was lietwiHMi llrentloni and
TiiinltaMi KitHPu; and the attack uinhi the
giianla waa likrwl««i lu be made thsreanouta.
Nir William Parkyns was to furnish five
liMiaaa, whereof ibraa of Itan wara in hn
UMlii by Mm aT Un #w piffUhif | Ai»
It is true, captain Porter does tell yi
William Parkyns was not to be one that
be actually present at the assassination ;
was to furnish five horses; three of then
mounted by men of his own providing
tw o by men that captain Porter was to pi
And you are told jiositively that captain 1
at this last meeting, did complain that^ I
hit horses were fallen lame, and aoqaau
William i\irkyns with it ; and he prom
III Ip him to two more by the means i
liewis that was gentleman of the bone
loni Feversham.
Then \ou are told, that sir William Fi
sent to Sweet to come to town the litis
bruary, and Sweet i^>mea to town aeoiN
on Wednesday the l«th of Febmair; «i
be hail discourse with sir William Pbrli
bialo^nn; where «r WiUan ttM M
Wm^mSkj^km
J&r High Treamu
bdlflm he intended for biin, tnil
Ed Mm f« buitie again ; and iviihal
tofa« teltim to i<»wti the Fmlay fcl-
d witef Hid i^r(»ovii lo litin^ his h^ir**^.**
|>« nwotiAfied tbree lini-ses which
i , -• -7" '♦ he had. The ^r mho
-.o-*, mid Swewl came
.-. „ ,„,» ...> luait till SimirdHy. 8ir
nrfymtftht, he thought to i^o out of
ftfin^rfumn. tjitt tliil not, hiiL !4aJd till
I town.
Aing^tbe hOTBesof
feP«^kyl]ft v*er4; hrouifht to town
I BMW wer« <»Mir, and wrre set up
Mf^^inn in llolborn; Mini it appears
Leirii fiirn't«hcd one horse; lor there
|tafi»u)>on the iiccounl of hir Wm.
^Kid« a roan hor«^ wai* ottf , which
Hiicraet*huu»e. This ifi proved hy
'; ndllnt Leuia him^eircame in on
biheaft^rnomi to iaqiure Ibr&ir Wm,
; b»jt he wan ^iie, and the horses
raj", and h** once came with sir
|)fn% Uk the inn. These are cir-
ili> < rinrur w^fth and confirtn
- fsonccrniug the |>n}-
iciiUr of captaiu
- the comrnisHioei
, wliieli t> ii'^mnrkahlt?: it was
a«krd Ch;irn4H.'k whether he
iiin : lie sai<i» No, hut sir
: and sir Wno. Parkyns
as tlicy were siltinn^ by
ler he had seen ttie oom-
* " ^' ' 1 1 .' answered,
>\ and it TV as
. uui. i..,.j«j ; and thai
► make vnr upon the
..i ;.iug', who was called in
L9 ynii may si4M>ose, the
^ tbftt, geiithMnen, ns lo
Wtfiiiialing ihektni^, and of
y i»hidi vraa oiiderstood by them
f^n%p.y thifl 16 the sum and ^wh-
^*8 evidcne^?, w nttendeit with
by itiese cirf?aniiitauoe8, as yuu
wit»f*x«« Sweet, who wag
of sir William I'arkyiM,
"■ last he iras
'S il*^t the
i> hi' uiMirrslond to he
He aitked sir William
\^ it? aud he fcaid, He
Ifvr tl; and that \m irmn» con-
'■ ^'- ^, He
^ anil he did i^
wn^in Jatjuarv,
itirr, Th^y
iijd I he next
tvfnit with
'ii'jli, and a
"^" «>t Y-rknijire: aud
Mytn
•rt kt Mid, He founll all
A. D. 1699. tlW
thereto be Terv well ; and the west was as wett
inclined to the king's intei e«it as the north ; and
a herd's brothei- wasconeerned.
Tiien in the next plncc you are tohl, That
at Michaeltnas last Mr. Cbarnock did write a
letter to one Haywood, who had nnarncHl his
sjfiier, and llvtd near sir William Psrkyns in
WHrwiekshire, to desire him to receive *ome
sfoeds into bis house that were to come from
sir William Parky ns's, and lay them up terr
carefully ; for they were? eboice ifoods, whicft
sir William durst not leave in his ow^n hoiraov
berauAe he had left it. And accordiuiily there
wer«? lb CSC bojces and chests sent to lla^ wood*9,
and receiired by him into hi«i house, where they
continued till the latter end otrebruury. Hay-
wood about th(& lime, when the destg'ii of the
As«iasfii nation was on foot, met t\ith sir Williaoi
Parkynsin town, an*! asked him how he would
dispone of those gfoods ? TherRiijjon sir William
Parkyns sent hi^ servant ioto the country ; and
notice was {*iven on Ash-Wednt^sday, the Wed-
nesday after the 6r8t proelamntion that i^ued
upon the discovery of this conspiracy, that
i\wsii i^oods should beremovetl : and a man, in
the evening, went to Haywood** bouse with k
cart and horses, and removed these chests;
they were three in number ; and li^iSL hemj»
opened, there were eight le^iser ones taken uut^
and carried away about nine or ten oViock at
night to sir Wifliam Parky ns':^ house in W»r«
wiekshire, where they were buried in tin*
garden, and afltrward weru dugf u]i ; whicit
was at the searching' sir William's liouj^ upun
the bieakintrout of the plot; and when they
were ojirned, it did appear what sort of go<wis
they w ore : they were arms, a considerable
fjuautiiv of ibeni ; four dozen of Kwonb with-
out hills, twenty*<iTe pair of pistols^ and m
grcJit number of carbines, th'rrt) -two as 1 re*
meiiiber^ and a puree! of hills packed up in a
box by ihcmpelves. This, grenilemen, is swora
to you by the persons that were present at the
dig-jjingf them up, and opening' the boxes. ^
Then, gfentlemeu, you are told, That ibou^h
sir William Paikyns pretends Tnc*' were arms
ihst he found in the house when t^e came \\x\*
thcr, yet they were not old msty art>is^ as ha
pratends, but they were very brig^bt, aud Irt fbf
uw and service.
There is one ctrcumstaBce ntofe that /jem^
to affect sir Williawi Parkyns, ab^ut the besi-
ncM'^ of the assassination ; and that is prced
by Eubank, bir WiJlium's own servant. There
was a note seat upon tSuturday, the 22d of
February in the morning ^ to one Brown at
KenBing"tont by sir William Parky ns's man ;
aod this Brown writ in the servant'^ Almanack,
that he would be in town himself in a little
time^ iind bid bim carry it lo a man that lodged
at a confectioner's over as^ainst Gray's-inn gate
in Holkirn: sir WlUiatn Parky n'i's man ac-
cordingly goes to this confectioner's, and
S[M'akii with the person there that he was di-
rected to ^ri to J and he says he was a ^k;otch•
man^ and talked broad like a Scotchman, and
he bid bioi go aud idl Itit lutster^ tbtt h^
K
\st]
8 WILLIAM IIL
Trial of Sir WilHam Parhym^
and
would stay within for him till be came
he did accordingly.
Gentiemen, This is the sum and substance
of the evidence that is iciTen against sir Wm.
Parkyns. Now you are to consider what sir
Wiltam says for himself: he does admit, and
agree. That what Porter says is very positive
and full ; but that is but the eridence of one
witness : for, sa^s be, by the law no person
^oght to be convicted €f h*igh'treason upon the
testimony of one witness* As to the matter of
bw be is in the right : no man ought to be
CDovicteil of treaMHi uikmi tbe testimony of a
single i«itnc58. * Now, nrst Suppose the desic^n
to assassinate the king had not been proved ;
consider then whrtlier there be not two wit-
nesses besides. Porter proves, that Chamock
was sent into Fiance, by sir William Parkyns,
and others, upon that errand ; to uhich, if you
add the testimony of Sweet, that swears, that
air William Parlivns told him the king would
come, antl he hail a troop, and had bought sad-
dles ; and what is said concerning his going
;nto Leiccsterahire, and his having a quantity
fii arms : if all which be understood in pur-
suance of the design against his present ma- -
jesty, then there arc at least two witnesses of
several overt acts of tbe same treason.
For, gentlemen, I must tell vou, though
there had heeii no evidence ui a design to as-
sassinate the king, but the desigti and purpo^^e
bad t»ern tu dcpuse him, and set the late king
upon the throne, or join with a force to invade
the realm, that is high-trcasitH within the sta-
tute of 25 £dw. 3, as bt-iiig a designing the
death and destruction of the king. Tliere hath
been a full proof by two witnesses, if what
Sweet, and the other witnesses besides Porter
say, tu pro\e sir Wdliam Parkyns to he con-
oerncil in that design, which shall be consi-
dered further of by^aiid bye.
Unt in the next place, suppose that the
me(*tings at the King's- Head in Leadenhall*
street, and at Mounijnv's, had iu>t been proved ;
but Vie desi^-ii to aNsassinute the king is proved
by one \« itncbs, and the providing men and
arms to fi^iU against him is proved by one
other witness ; this is a pmuf of the same trea-
son : for though the overt acts be several, vet
thev both tend to the same end, the distinction
of ilie king, thouuh in a different manner ; and
though the law requires two \^ itni'ssc>s to the
same sort of treason, yet it does not require twu
witnesses to any uu« overt act. For if one wit-
ness prove one overt act ai one time, and ano-
ther witness prove another o^ertaot at ano-
ther time, these are two witne^syeK within the
meaning of the law ; and so it liaN been always
practised, and never denied to be law that I
ku.iw of.
Besides, it is oliScTvaldo upon tlii« ]H)int,
ivhich my brother has inintioiiid, that t hit in* w
act of parliaiiieut, which dot's not yi t lake tf-
fect, provides, that there shall he riilu r twu
witnesses to one overt art, or one uitiuas lu
one, and another to another of thu aaiiir s|i«eimi
•f treason} and you bnftthad tbvopimuB ol
all of us now that are here, that tbett are
acts of one and the same species of treaso
Bnt then sir William Parkyns objects,
Sweet does not prove any overt act. N*
that, you are to consider'tlie force of 8
evidence, who tells you the discourse
William Parkyns, ab<»utChiistmas last,
king's comiog, of bis saddles, and of hk
consisting of old soldiers, and volunteer
were old officers. But says sir Wm. Pai
this is only words, and words are not tr>
But then oonsider, that they are word
relate to acts and tJiiugs. You hear be
great quantity of arms, beyond what be
private man, could have occasion for, or
use. He does not uive you any accona
he was to ilo with those arms, or to whs
pose he sliould keep them, nor why he
them to be removed in the night, aftn
had lain privately in Haywood's bona
caused them to 'be carried back to b
house, and buried them in the ground,,
such a time when there was a plot, wm
the plot was discovered, and a prodamaB
for his own apprehension.
Sir William Parkyns's disooorse with,
of king James's coming, and .bis troo
sisting of such men, plainly shews wh<
anns were for. For, gentlemen, meK
courses and tlieir woitls explain their «•
and an indifferent action in itself mky
explained by words, that it will be noi
It is lawful for a man to buy a pistol ; I
vskn be plainly proved fron; bis wonbi
s|>eerbrs, that tbe design of buying it i
use it against the person or lite of tbe
that willbe an overt act. Now, vi ben stl
Parkyns said, The late king would oon
that he had a troop which consisted of
soldiers ; then these arms being found i
manner, I must leave to your considc
whether it is not a proof, for uhat purp
did provide them, and to what use he bl
to put thi'in ; especially since he gives i
account, uhat use or occasion he l^d for
He says, indeed, he found them in tbe
two ^ears ago ; how probable tliat is, yo
consider.
Then there is another thing, his goin
Leicestershire witli Scudamore, and bis
iug there with Yarborough and other pe<
that private and hasty manner. He wi
on the Thui-sday, and came home agaii
Monday ni^rht ; and then he meets with 1
and tells him that all was well ; and tbi
was as well inclined to the king's intercil
North. What king must he mean? fl
no commission from king William to |
I^icestershire to discourse with people,
how they xtomi affected to bis interest,
loinca uiul tdls vou, tliat when sir ^
I*arkyu8 N|N>ke of the king, he undents
meant king Jamca. 1 must leave it «
coiiiinlcration, Imw you will interunt
wonls.
Iitiirw.gwtlemen.ititnotfiitbem
btujfiiniMaorfbmdt
I
US} Jor High Treasoiu
i iDin^f wnrds or actions, wbeo he is trteil for
Jiis lile. You ought to \\h^e a lull am) s^iti^-
hctaitj etidcQce U* convince von, tliul lie is
nHty, before you pronounce liiiii so ; Ikii,
Kowtrer, you are to cooAidf^r ibe naiure of
ibitig^, Slid the eircuinstanccb lUat attend tliem.
If \»Mi i-.ju vu|ifKi»e that lie went intf> Lt?icesier-
kiiur to kini: NV illiam*s frieufk, ami that he wns
I op nn, the West was a^i frell affected to
hr<^ \\ ii;i«iai as the North ; then you make a
Ufrrttt cointtmction from Hwe»^t^ who tells
rl» tiiAi always when he spake of the king,
OQilerstood it of kini^ Jame^; nod ul Chrm-
Ais^ when he spoke of the kiu^^s crmMii|>;i it
ttnal be meant kin^ James ; fm kiuj; H iSliain
«ii ber« iHffofv, and he preteuttH not he h^d
my autbority to raise a troop forking- WiUiam.
60 that, gentletnen, 1 inuRt leave it to you
2 m the whde matter; if you are nalislied,
titr Wil'iQin PjLrkyns is g-uilty of the tnat-
Unffwliicb he standii charged, you will tind
Vtfa^l^ ; you have heard the evidence, nnd
wilooosider of tt; and if, upon the trhol«.v, yoii
■« Mt feaLuHcd that he is gudty of the nuiiers
cbmed itt ibb inJictwent, then you are to ac-
fDtitm.
IWa fto ofltcer beb;^ sworn to keep the Jury
leeorliim to custom, tbey witlidrew to constiler
oCtbor Tmiict, and in less tliun half an hour
miimeil iota couii.
CL^Ar* Gentlemen of the Jury, answer to
}^iiritti»a. William Xorthey — '-^
%f, Kort/tcy* Here. (And so of the rest )
CLtfAr, GeatleineOf aj-e yoti all o^eetl on
)««ri«fdicl? — Jury. Yes.
11 ^Ar. W ho shall say for yon ?
huj. Out tbreniau.
Cl^ffAr, Sir VViiUam Parky ns, hold up thy
ia4 nVbich he did.] I^<jk upon the pri-
kom fsmy ye, is be Guihy of the hii^h-
M^bereof be stands intlicit^d, or Not
€l«tf^,-^Forri«Miif- Guilty, my h>rd«
C^ v/Ar, VVIiiit (/ooda or chattels^ lands op
hail he at the time of the hij^'h-
oommilted, or ut any titne siuee ?
Tmrtmmrt. Nune^to our knowledge.
X. C J. Jailor, look to him, he is found
f adty of high treason.
CL of Ar. Then hearken to your venlict as
the tmiri has recorded it. You say that sir
Williaia Parky us is guilty of the high-treason
wbrceof be stands indicted, but that he had no
I^Qods or chattels^ lands or tenentenl^, at the
Hmeoflbc high treason com mitt etl» oral any
^lae since, to v our knowledge, and so vou say
aU'—Ary. Ves.
CiuOfjir. Gentlemen^ the court discharges
|«ii, and tbaiiks yuu for your service.
Wbik! the Jury was withdrawn to consider
of the rcrdict, sir John Fiemil was broutrht
fttm Newgate to the Lar^ in order to his being
ClM to Jv»dgtiieot, and after the verdict, be
Mnu^ himself to tlie court tbu» :
Iftind, My lord, I humbly beseech your
«bHibi^ to ^ve me leave to read tbii Pitpcr*
A. D. 1696* [1S4
(To which the Court gave n^; answer.)
Frcind, My Lord, will your luidshipgive m«
lea) e to read it P
L. C. J. Ay, if you will.
Frdftd, (Ue'ntl*!.) My lord, Ihnmhljmovein
arrest of judg^ment, Ihiit I am not convieied of
treason liy two w itnesses, as i ought Ut liave
been within the statute of the 25th of Edtv. 5 :
tor Mr. Porter swears. That 1, with others, in
May or June last, sent to the French king to
invade England ; he is the only (Witness to that
matter, Mr. Bbir swears, That I sljeived him
a commission in 8urrey- street, about two years
E»inoe, sitjoed by king James, and cntnter-
Bit^^ncil MeUbrd^ to he a colonel of horge, and
that 1 gave him some mouiea for the cherish-
ing of Llie men. My lord, here is no levying
of war t(\vom by Mr. Blair; and consfiiring to
levy war not being treason, I am convicted by
one witness, and therefore I pray coyosel may
be assijpfnrd mp, to plead thiti matier.
L. C. J. !Sir John Preind, that which you
move now is not in dVresl of judgment ; it 'm
matter that di>es arise uj»on ihn ciidence, and
what yuu now &ay, arraigns the verdict, and
the prr»ceeiliiigs upon your trial There were
two witm sses agamtit you^ that m plain. You
were not indicted tor levYing war, but for com-
passing and imnjiri'iin? *l*«i death of the king ;
and we told yon the design of the invasion, and
c< inspiring to depose the f»re»ent king* und rc-
storc' the late king^ was an o\ ert act of that
hi^h treason. The romuiissi^jn waK not so
much stood U|JOnj but the advancing; monies
U]H»n ibis account, to Bliiiryour Ueu tenant co*
lone], to give to th« men, that wna a pldiu overt
act, and oo there were certainly two witnesses
against you.
Fr^md. Ms lord, I hope 1 can clear myself:
1 thank God, 1 am as innocent as the child un>
bom, of the assus^in action uf the king. 1 ivould
not have the peupLe think that I am such a
man.
X. C\ J. But you remember, it was sworn
you knew of it, and we hai e told yon, that the
design of restoring the late king by force, and
de|ioi»iog itte king, are overt acts of luiaginiog
his ileath, if such an intention be provod^ a^ it
was in your ease, and die jury havo found
it so.
Freiad* My lord, I humbly beseech yoti,
because t do not understand matter of law, and
am advised to move thi£ in an'est of judt^ment ;
I desire my counsel may be tieard to it.
L, C.J. VVe cannot hear counsel, but upon
upn
iVe
is, the indictnieiii. We cannot enter into any
examination of this matter ihut you now speak
of, vou had a long trial yesterday.
Frt:ind. .^ly liird, 1 am sorry to give yottr
lordiihip any occasion ot' double; but 1 hum-
bly he&eech yon, if it may be, that I may be
heard by my couuHel, for the satistitctEon of
the world ; pray, my loid^ hear M^bat they can
s*y.
L. C* X They cannot say any thing ; 00
coutisel m the worM thai Lmdersund Ibeu-
I 1»]
8 WILLIAM in.
I
I
Trial nf Sir WUUam PnrHyfis, [
miUen, c«ti annw tiny t!iin(f ii^iiinst wh«t h«s leant silting with the rest of tbtf cAmi upon
been so (>(i«n willed and always practised* wjocb, pronounced the scntcoce.
Freiud. My Innh if it be to^be granted, I br- |
leh vour lnrdNUi{t tii i^innl it^
L, CX ll cannot he g-rantetl ; besideft, the
matier ytut now move UjM>n is imprn|H'r ; n wn*
all rnnsidered upon your tnal. It was tokl
you, we tlid all a^jree. that a oompiracy u\ levy
wj * * .
(b
ftl your trtjil, and that U miw ut ti%
Far ky fit. My lord, if yonr loriUhi[j f»leaiieK)
I desire 1 may have the hb^ity of fome frieuda
mill re)dtions« and a minister to dwne to me.
L, C\ J. Yc8« yen, by nil jneans,
Com, Serj. You tlie priaonem aV the
fir John Fiernd and inr William Pnr' ' ■ '
hafe been indicted lor high-trpas -
paasin£r the d^ath anddesirtietion <
for your trial, ytiu have pot yourself I
ar to depose tlK' king la treason; or to invade ^^^/^^^'^iTy' '''}''^' ^^'^^^^V'^ ^^ '^^
.ermlm is tr-.is«n. All this ^a» lioosidcrea . ^^^'**>'^ ^^J? ,^*^'^<^« *^ **^« (?rcale5t tn
judgpient ot the law l hat a man can com
and it is Justly and ri^asoaably tm. For r
l»ery and (uunter are injuries to prUaie
bttt compa^iny^ the death of ihc l^ing^, ii
pa.'^iinjk^ the dt^strurtion of the father of y
aoc
Farki/u,. If yJur lordship pleai*es, thatlluv | *^"»>*'*.V, and letyng in rapine, death
i«v^,,m« »«.! i,* ..«»«.„ „.:iL „.„ \.^,i ...«:. fiolatioa uimo thousands of ncoidc.
may come and be private willi rae, and |»ray
let rnc have a rule of court for it, olherwiae l
aball not havo any benefit of it*
L, C, J. Yes, ye«, it is very fit yon shauld
have it ; there %hall be an order of eSnrt for it ;
•6e that the keep^-r take care tt he done i» itb
calety.
ftetnd. My lord, I desire tlie same rd>eHy
of a minister, and my relf:tio[is and friends to
cofnr to ine ; that for w bat lime I biire to live,
1 may niakn ihe best use I can of it for my
Boult which I hopeGoil will enable me to do.
The Cotirt was adjourned until five oVlock
on the ilUrnoon, and aboiit six the justices re-
lornt^l, and th«^ court was rej»umcd,
Ci.of'Jr, S^l rJr Jr»hti Freiud lo the bar:
(wbich was do;."-**) Sir J<Au\ Fuind^ hold up
thy band, (which he did.) Tlu»n siiindesi roo^
victed ot hit'-h-ireiison, for tiailoiously fjrn-
passing' nnd imagifuijj; the death of oni so-
Tereigij lord king Willwm tne 3rd. What
canst thou say for thyself why lliecoyrt should
not gife thee judgment accoi'ding to the law ?
Then belng^ made io kneeli he afterwards
stood up,
Freind, I have said already, what I have to
any in arrest of judgment.
dnu. Strj, 8ir, yon httie heawJ the juds^.
tnent of the rourt, as to what joii have said ;
if ymi have rjo thing else to offer, the court
must proceed to jud;T;ment.
CI of Ar. for Middlesex. Sir William Pnr-
kyn^, toldupihy band, (which he did). Tbon
standest convi* t<,d of hi j^h-treasiou in rumpnss-
in^' and imagininij: the death of the kiugr, and
adheringf t^i the Icin^^'-'g ^n^i^it^s, Wbatcan^i
thou »ay for thyself, ivhy the court should not
fTive thee judtfoieni to 'die, accordiDg^ Io the
He was made to kneels and rise up again.
Fnrkyn^. I have iiothingr more to offer.
C7. t^f Ar* Then, cryer, make proelamation.
Crycr, O yes; all manner of jiersons nre
coiumaniled to keep tsilence, while judgment is
io ^iviiig^, upon pain of imprisonment.
Which Proclamation was made on both
•ides ike ootitt i and iheti Ui\ Coniinan 2fer-
pco[de. .ind <
this, the liemonsest of offr K^es, is Ca|mbl4
ap.;ruvatton ; for there have hcuii always <
cufae$, and sninetimes justifications for
lion: and as to murifer and private re veil
ihcre nmy be somewhat said iu mitigation fr
ibe violence of men*s passions. But to
and conspire, and eousultf and debate the
struction of a prince; no man yei ever had
confidence to muke an excuse for it. 1 wo
nol add to your uffhction ; 1 am f^^isihle of!
severe jndiirnient that is io fothiw, ^nd
you ha»ebron!^bl upon yonrsclvrjt, and
but oity ym\ for the irrear burden of ^uiU ^
yon have laid yomselvt"^ umler. 1 onlv say
to offer it to your serious contfdf ration, in
few momcuis you have to prepare for aooi
wui Id, nod another jud^i ment. Ail thmt
lor me, is to pruui>uuce the jud^iitent of
law in theiie cases, and the court does^ awin
' That you^ and ench of you, i(o hack 10
* place from whcnte you came, and from tkt
' oe drawn o'^i n hurdle to the place of execiit
' wliere you f.hall be si^vcrally haD|(e4 vp
^ the neck, and out downalire; \our boi
* shall U-npfrtdnpen, your privy members
*of), yuuf hiH^ek taken out and burnt lid
» your iinea ; your headii shall tie sevt^red fi
' your bodies, your bodies rei|ierli)ely to
* dividcil into iburipiarters, and your beads
* quariei-s are In lie at the dispoiial oi the ki
*" and the Lord have mercy upon your souliJ
Then the prisooers were cairied bftdl
Newgate,
On Friday, April 3, 1696, sir John Frel
and sir William Parky us were drawn on sledg
from Newgale Io T} burn, where they dehv^^
the Ibllowiug Papet-s to the Usheriffs :
Sift John Frkind's Paper*
Knowing ihat I muftt immediately gifa
account to God of all my actiooii, and thai
ought to be specially careful of wlial 1 sa/
these last hours, I do solemnly profeaa,
what I here deliver is from my very soul^
all the heartinesa and sincerity of a dji
ChrEMtan.
The catiae 1 am brought hiUier to tuflor A
fifr High Tremon.
to he fi»r caua« of OotJ and
tD tiic b*»5t and utritost of
)tAfpt anil inlbrtnatrofi, ti}{;^rei'abie ta
^ *i# l«n<l, whif'li I hive eifcniiore
A tinii ihiljr antl »ille;;iaiice lo
*fw! th?it ii& no t'oiet^u, so n*?!-
► T can alieobu- our uli**-
.. cilitf new &i)d uniotcU
il4f kiri^V liuUjects can de-
# hii« ill! Huy HCi'uunit i»r con-
not ttti iiiiriteiliutt: riyfiil in
lit, 1 think, not to if a lit in ;
lue, toa^^kt luin tn the
is jiisUtiiiljte, unit our
tiujfs fimy BiH'in at jtr«?-
icve, I »tfi *iurt* r lieai'lil V |>i ay,
iUy reiitored to liis rigtuhii
in*.
len descent of his majesty
ddmiuioiiB, in order to the re-
I dcdjire \ hud no certain
nor €;iii I tell >» hut t<i'*>i*n^^>»
iUeve it, so httle reason had ] to
rr^pttriilioii for it. 1 §uppc»!^ it
HliotiliJ h«ri? endeafoiir to clear
Ana»an»iinu, which vi^as not the
agtttnst m«; howeifr, it was
;b what ttKMins I know not,
to my cit^advftntage, I for-
tU^rein UiSLrumuntJil; and!
e very hoiiom iS my smil, freely
'1^ of liod to (lo^NOtoo, nuchas
\wm%% aci^wary toiftards thtt Ukln^
mUwii 1 really look upon to be
more than mine,
%e\\\ and i thank Clod I am so,
i'liiirch of En|<hitu|, thun^h,
■t unworthy and ui)|iro(3uihle
«f that church ivhiidi siiflers so
*tnl for a %%t\vX adli^retioe to by-
lt«« aati C)hri<)iinD }irin^{>le» ^ ^br
and fortius t die.
% [lerfeet chrtiity f^r p#*ople
aod do heitrtdy wish vi-elt,
ur to do flo to all my fellow-
at per«ua«iou Huevifr. And in-
A deal *»f opng^ht*
ne f>eo|de of I'cry
•jMti;^"" ... ,^..„v*-.,^ m.uiers.
ad d#^ire it may not he taken aii
censure, or undue reflection,
to the Utility i»f popish evi
If iacd «o to do lor my Ifetter se-
founiUliou of a fttatuie taw.
mynelf a member of the
laod, 1 ttiunt take \\\i% nppor-
il for (t«id*«« 0ory, to apply
l&atarri- r that church,
taiih J , k^ with ruy-
of yri4j, iiii ijni" «.ike, and the
ila^ lo In? frry cunslaot and se-
itt nl^gimia olScea, and htdy ituties^ of
llki|l«ni Mi^ice, which I liave too
di» aa I own to my ^reat Atrrrow :
tm daniiFnra* prevent or hinder
i iMeiMary and ftrrious matters ;
kci j9^ vtry card'ol and cir-
A.0. lG9e. [1S8
cumspect in all your actknis, behaviour^ an^ ^
coil verbal ion, aa 1 earue^illy extiorieil all that \
came to me.
1 have, i thank God^ a threat deal of satiftfac*
tiow in my present HU(rt'nD»ja, iwnA have tbunil \
itao evert»ince 1 hai^e been onder tht?m : Anti <
blei»«ed be God it doih cuotmn.dly iucreafv
upon me. Aod i do now lay down my life with
all cheeifidnesa and rebi^^otilion, in sure anil |
certain hope of a retiinrfcttoo lo eterinil life,
through our Lord Jestis Christ, through whoa* 1
merits alone i hope for the pardon of my ains^
and the sahation of my souK • i
And so, U Lord 1 inlo thy hands I comtnen^*
my sjiirK ; Cor tliou hast re*keu»ed me, G.^
Lord i thou God of Uw\\\ \
And 1 do heartily aud humbly lieseeeh lh#.
Almighty Gmt, and my most gnieioua Fathef^
to for^^ive and bie&4 this amfol natioti \ dehvep I
it Jroni the jfuittof relwtlioii, blood, and perjury,
thiit i^ now oi» all suk-:^ more than ever, auti
frinn all those other heinous sina which cry
aloud. Prcsene ft ml hfesa this Church. Com-
fort our di8tlc^^sed kinijj" ; restore him to hit I
ri^ht, and his niiHed subjects to their allegi-
ance : hieas aUo his royal consort, our g^racioti^
queen Mary j \m royal lii^hne&s the prince «<f*
Wales, that he may grow in stature, and iq
favour with God mid man; sup|H>rt auj^
streijg-then all those thatijuliei' in any kind for a
(food cause; give them patienee under all I
I heir affiicliim^, and a happy deliverance out o#]
them. Forgive alf mine eneiuti^s.
PuiiJon u^y former jie^lecl and temissneiiM ti
religious worship, and holy dutifs, and all tha '
sinf 1 hitve hern ^oilty oftolhi$i very inomenL
CotisidtT my coiitritioD, accept my icars ; an4
now thou art pleased to lake me hcnee, tiikcme '
into thy favour, and grant ihut my soul may be '
^vilboul s[m% prespuied unto llice, throng^h the '
meriU of thy most dearly beloved Son, Jeaui
Chiist our Lord. Amcn^ John FftEiND.
8ia Wri^UAM Parkyn&'s Paper.
It h'4ih nol l>eett my custom lo use many word% i
and I slull not be \m\f^ upon this occasion^
biiving btisiue^s of much ;;reater conaetiuenc©
to fmploy my thought* upon. 1 thank fiod [
am now in a \\\\\ di»po«:ti >n to charily, and
thri'etbre shall mAi^ no com idnints, either of]
the liard!»hi|ifi of my trial, or any other I
rigours put ujwn me. However, one circnTii^ i
Btaoce t think myself obliged to Liioutioti, ft-
wai !»w«^irfi again'it me by Mr. J^'ortcr, tbol |
hud tH« ntil to him I b%l 1 had iien and read a
cotunui>>.ion from tbo kmg to levy wo« upcm ^
the person of the prince of Orange, Now, I
must tleclare, thai the tenonr ol the king'f ^
commiMion, %vhich I saw* was general, and '
directed to all his loving suh^iects, to raise and
levy war against the prince of Orange, and hit
ailhii'entH; and to seize all forts, caailes, ^c,
which, 1 suppose, may be a customary form
of giving authority to make war ; but I must
cord'ciifi 1 am uot much acqnaintetl with mattert J
oi that nature: but as for any conimiaiioti pai^ ^
fis9]
8 WILLIAM
I ^enlarly leTetlcd against ibe person of Ibc
[ prince ol' Orftiigej 1 u^itlier saw oor hctird of
I may sucb.
It i$ ime, I was )>i-iv3'-to tbe d«9ig^ti upon Ike
I Prince, hiu waA nutlu «ct in it ; and am fully
^sattsIieJ ttiat very few, or none) knew of it t>ut
those who ufiiferuKik tc» do it.
I freely atknowicflpt*, and think il for my
rlioiioor to say » lliul 1 was entirely in ihe ii]i«re.<rt
|i>f the king, h^iti^ altrav^ firmly pcrsnaded of
fthejnstice of bis cause*; nud I'lookei) npon ii
I BR my dnty « both as a «ul ject, and an English*
I suan, to ^humi hhu in tlie recovery of bis Ibrone,
Trial of Amhro$e
wbicb I believe bim to be deprived ofcr>nti
to iill lig^ht and jutitice ; taking tbe lawt
con&tituiiunif i^f my cHJuntry lor my guide.
As liir n lt£;ion, J Ji«e in the commnuinn 01
tbecbnn:b orEngUnd^ m \tbicb I H'aseducalifl
And ns 1 freely foiijpive all tbu world, m wb^
crer I may any ways bare iujured, 1 b
ask tbeai pardon, Wilua.m P«\aEVjK
Jeremy Culberf a Nonjurin^ Minii
piibliul V absolved tbe in at tbe $^alIowa, I
wb it'll tliey were executed acix>rdii»g to I
seuience.
J8G* The Trial of Ambrose RookwooDj for High Treason : At
Sessions of Oyer and Terminer for the County of iMiddk:
sitting in the Court of King's-Bench at W^almiosl
8 William III. a. dv I696-
. HE Court h^tmq sat, at wbit-li were present
the lord t biff ju^irice Holt, tbe lord ekief juslice
Trebv, Mr. justice Nevil, Mr. justice Powell,
Hiul Mr, jnstir:e Eyre ; tbe Court proceeded in
IbiH manntT :
CL ofAr. Cryer, make proclamaiion.
Ctyer. Oyez^ oyez, oyez : All manner of
persons ibtil buve mly ihin*^ more to do, at tliis
Sessions of Oyer and Terminer, bolden for tbe
counlv of Mialdlesex, itruu^ near and give your
MtenJanoe. God save the kiug^*
Tben tbe Grand Jury were called over, and
tbe a |iuea ranees marked, and witnusaes beiag
Bworo rn court, to give evidence to them upon
a bill of indictment ag^ainst Alexander Knijarht-
ley, ibey in a little lime ailer wiibdrew to bear
ibe cvi deuce.
Then ll»e keeper of New^te was ordered to
bring- his jirisoiiers to tbe liar, (which he did) ;
to wit, Robert Loivick, Ambrose Ilookwood,
and Charles Cranburne; who were thus ar-
rajgued:
€f* 0fAr. Robert Lowick, bold up thy hand,
(which be did) ; Ambrose Hook wood, bold np
thy hautl. (which be didj j Charles Cranburne,
hold up thy hand, (Hincb be did.)
You stand indicttnl in the connty of Middle-
sex, by the names of Robert Lowick of tbe
parish of St, Paul Corcnt-^anleo, in tbe<x>nnty
of Middlesex^ gentleman ; Ambroae Rook wood
of Ibe fiume parish, gfeotleman ; and Charles
Cranburne of the same parish and county, yeo-
man ; for that you, to^ethtjr with one Christo-
pher Knighlley, of tbe same parigb and coun-
ty, genlieman, not yet taken ; not having tbe
I ear of God in your hearts, nor weighing tbe
• See Holt, 633, Easi'a Pleas of the Crown,
c. 2, «. 7. 16* 48, 49, 50, S?, and tbe autho-
iTitief there cited. See, also, in this Coftcciion,
the Trials of the Regicides^ reL 3, p* 947,
duty of your allegiance, but beini^f moved
reduced hy the instigation of the devil, as
tmitorit against the utust serene, intist Mil
oua, most clement, and most excellent _
our sovereign lord WiMiamthe 3d, by ihe^
of God, king of England, Scolhnd, Fraix*
Ireland, dttender of the fiutb, &cc. yooj'
pre me, true, Tig-htful, lawful, and uodoiil
lord, the cordial luve, atnl true and due i
die nee, fidelity and atlemance, wtiicti ef
suliject of our said lord me king that now i«
towards him our said bird the king e^hould
and id right ought to bear, witbdrawiii|r,
iiiterly to exlingnish^ iuiendioi^ aud con
aud with all your strength resolving,
ing, and conn pi ring the govern meut #r
kingdom of Eugbnd, under him oui*
vereign lonl the king that now is, of
duly, bajiptly, and well estuhliahed, at
to subvert, ebauge, and alter, %& also oiir
I lord the king to dealb aud tinal d
tmt aud bring, and kis faithful suhy
freemen of this kingdona oi' England,
terable and most mi*»eruble t>ervjtude to Li
tbe French kiii^ to subjugate and iuthral,
lOtb day of February, in the seventh year
the reign of our said Hovereitcn lord ttle ki
that now is, and divers other days and times
well before a^j alter, at the ptirinb of 8t. P|
Coveot*£Tarden, aforei»aid, )u the county i
I saiti, falsely, maliciously, devdi&hly, and
I tonmsry, did com[>a&s, inmgine, and ooulrij
resolve, design, and intend, our baid lord
king thai now ist, to kill, slay, and murder,
a miserable shiiigbter auKiug the faithful %
jecta of our snid lord the kmg, throughout
whole khigdom of England, to make ;ind cii
and the Huine your most impious, wicked,
devilish treasons, nud traitorous compi
eonlrivanrcs, and purposes aforesaid, to fi
perfect, and bring lo effect, you tbe said Rod
Lowick, Ambrose Rook wood, and Chi
CraQburne^ tojj^ther with tbe satd Cbristo^
jects,!
Jbf High Treasort^^
, mmi werj many otber false traitors,
rs unkiMmii, afterwards, to wit, tbe
4mj of Feb. iu tbe year abovesaid, at
afuresaid, in tbe county aforesaid,
oibers days and times, as well be-
sr, tbere and elsewhere in tbe same
bielY, malidousljr, advisedly, secret-
namj^ and witb force and arms, did
poae, treat, consult, consent and
I our said lord tbe king^ that now is,
I wait, and gnile, to assassinate, kill
!r ; and th£ execrable, horrid, and
assassination and killing the sooner
, sod perpetrate, afterwards (to wit)
Isj and year, and divers other days
at the parish aforesaid, in tbe county
traitoronsly did treat, prop<ise, and
tbe ways* manner, and means, and
ad place, where, when, bow, and in
ler, our said lord tbe king, so by Iv-
t, the more easily you might kill ;
Bsent, a$;nree, and assent, that forty
or thereabouts, whereof the said
!r Knigbtley, you tbe said Robert
Ambrose mokwood, and Charles
'y sboukl be four ; and erery one of
foosly took upon himself to be one,
, mittkets, and pistols, chargfed with
r and leaden bullets, and witb swords,
4 otber weapons being armed, should
, and lie in ambnsb, our said lord the
I coach beiniif, when be should go
isvade, and that a certain and com-
fllier of those men, so armed, should
begnanlsof our said lord the king*
fing him, and being with him, and
bt witb them, and overcome them,
crs of the same men so armed, our
ie king should assassinate, slay, kill,
rr ; and you the said Robert J^wick,
Etrtokwoud, and Charles Cranhume,
mb the said Christopher Knigbtley,
s, and all tbe traitorous intentions,
uul eontrivances afuresaid, to execute,
falfil, and bring to effect, afterwards
be aforesaid lOtli ilay of February, in
lb year abovesaid, at the parish afore-
le county aforesaid, divers horses, and
ij arms, gtms, pistols, swords, rapiers,
r weapons, ammunition and warlike
id military instruments, falsely, ma-
secretly, and traitorously did obtain,
ler together, and procure, and cause
gbl, Jitained, gathered together, and
vidi that intention, then in and about
tiMe, horrid, and execrable assassina-
ig, and morder of our said lord the
BOW b, as sibresaid to be used, em-
ai bestowed ; and the same premisses
sifeiy and certainly to execute, dq^
m, tbe aforesaid Christopher Knight-
•se Edward King, late of high trea-
SBlriviBg and conspiring the death of
sid tbeliinir that now is, duly con-
I aUaintcd, by tbe consent and agrec-
ivcfsoT the traitors and conspirators
. As nkl 10th dftjr of February, in the
f
A. D< icde.
[Uf
seventir year abovesaid, went and came to tb«
place proposed, where such intended assaesina*
tion, killing, and murder of our said lord tbs
king by lying in wait, should be done, per-
formed, and committed, to see, view, and ob-
serve the convenience and fitness of the same
place ibr such lying in wait, assassination, and
Killing, there to be done, performed, and com-
mitted: and that place being so viewed and
observed, afterwaras, (to wit) tbe same day
and year, their observations thereof to several
of the said traitors and conspirators did relate
and impart, (to wit) at the parish aforesaid, in
the county aforesaid: and you the aforesaid
Charles Cranburne, the same day and year,
thei«, in order the said execrable, horrid, and
detestable assassination, and killing of our said
lord tbe king, by tbe traitors and conspirators
aforesaid, the more readily and boldly to exe-
cute, perform, and commit, advisedly, know*'
ingly, and traitorously did bring and carry be-
tween divers of those traitors and conspirators,
forward and backward, from some to others of
them, a list of the names ofdivers men of those
who were designed and appointed our said lord
the king so as aforesaid by lying in wait to kill
and murder ; against the duty of the allegiancs
of tlie said Christoplier Knigbtley, you the
said Robert Lowick, Ambrose Rookwood, and
Charles Cranburne, and against the peace of
our said lord the king that now is, his crows
and dignity, and against tbe form of tbe statute
in such case made aud provided.'
How sayest thou, Robert Lowick ? Art thoa
guilty of the high-treason whereof thou stand-
est indicted, or not guilty ?
Lowick. Not guilty.
CI. of Ar, Culprit, How wilt thou be tried?
Lorrick, By God and my couutrv.
CI, of Ar, God send thee good deliverance.
How sayest thou, Ambrose liook wood? Art
thou guilty of the high-treason whereof thon
standest indicted, or not guilty ?
llool:Tcood, Not guilty.
CI. of Ar. Culprit, How wilt thou be tried ?
Rookicood, By God and my country.
CI. of Ar, God s«?nd thee good deliverance.
Charles Craohiirne, How sayest thou? Art
thou guilty of tbe high-treason whereof thou
standest indicted, or not guilty ?
Cranburne, Not guilty.
CI. ofAr. Culprit, ilow wift thon be tried ?
Cranburne. By God and my country.
CL ofAr. God send thee gobd deliverance.
Cranbt&ne. My lord, I desire your lordsbi|»
would ^rant me the favour for my wife to come
to me m private, aud that 1 may have pen, ink,
aud paper.
L. C. J. (sir John Ho!t). Pen, ink and paper,
yon must have ; but as to the other, we mnal
consider of it. KcepiT of Newgate, What has
been usual in those cases? ?■
Keeper, My lord, we let nobody coicSf 1lo
them in private hut their counsel.
L, C, J, That's pro%ided for by tbe act that
allows tbem coansel ; but bas it been usii»l
tIS] 8 WILLIAM IIL
lieretofore to permit any body c)«e to be with
them in private; tlie wife, or any other rela*
tioDS f'T^tCeeper. It has not.
L. C,J. It is very dangerooa if it should ;
therefore let him have his wife oome to him in
the presence of the kee|ier.
Cranbume. ,And pen, ink, and paper, I hope,
my lord ?
L. C. J. Yes, ves, that you shall have.
Cranbume, Vuu dun't deny me, my lord,
that 1 roav have my wife come to me?
L. C. / No, we do not, but she ronst not
be in private with you, for fear of an escape.
Rookw.'od. I beg the same favour, my lord,
to have my brother come to me, and pen, ink,
and paper.
X. C. J. You shall have the same rale \ but
you, kee|ier, must have especial care whom
you do [^miit to come to them,- and be private
with them ; for it is still at your i>eril if any ill
accident hap)>en8 by.your indulgence to them :
and yet it iH fit they should have all that is rea-
snnahle for preparing for their defence at their
trials.
Lowick. And I desire, my lord, I may have
my sister come to me, and the liberty of her
being in private with me.
X. C /. Your friends may come to you at
seasouahle times, in the presence of the keeper ;
you shall have any thing that is reasonaMe,
out the safety of the government must be looked
mftcr. Therefore, keeper ofNewgate, take hack
your prisoners, and nring them here this day
i€*nniglit at seven o'clock in the morning,
without any other order.
[They staid at the bar about half an hoar,
the Judges consulting among themselves about
the precept for the netty jury upon a late act
of parliament, whicli has appointed six days
for the jury to be summonea before they ap-
pear to try any cause, and upon ti>e last Act in
Relating Trials in Cases of High Treason ;
which requires tbnt .the prisoner shall have a
copy of the pannel of the jur^y didy returned,
at least two days before his trial.]
Then the Prisoners were carried away, and
the Grand Jury withdrew to consider of the
evidence against Knightley, and in a quarter
«f an hour came back, and being called over,
delivered in a bill to the court.
CI. qfAr, Gentlemen, you are content the
court shall amend matter* of form, or false
Latin in this indictment, without altering any
matter of substance without your privity.
Jury. Yes.
CI. ofAr. Then, gentlemen, you may go
for this time; and you are to take notice if
there be occasion at any time to call you to-
gether, you shall have suthcient warning given
to you beforehand. This is Billa Vera against
Alexander Knightiey for high treason.
f ihen the Jwlgea resumed the debate among
themselves, and at last resolved tliat there
tAouM go three several Venires for the petty
jwjy rttnmiMe thin day at^imights one to t^
7)iial^ Ambrose Rdoknood,
between the kmg and Robert Lowick» I
cond to try between the king and Ai
Rookwood, and a third between the ki
Charies Cranbume; because, though
diotment be against them jointly, yet it
several offence in every one of them, sc
might sever in their challenges, auti thai
be troublesome, and therefore it waa t!
best to sever them in their triab ; and
fure the court adjourned for an hour or
thing more, while the precepts for th
were preparincf, and according to the ai
ment met, and signed and sealed the pr
and then adjourned the Sessions of Cly
Terminer until this day se'nnight, at m
the morning.]
Die Martis Vicesimo primo Aprilis,
Regni Regis Williehni Tertii <
Annoq; Dom. 1696.
The court sat about eight o'clock, al
were present a great number of noblemi
persons of quality, who were in the €(
si<Hi, and seven of tlie judges ; to wit, tl
chief justice Holt, the loiS chief juatice
tlie lord chief baron Ward, Mr. justice
Mr. justice Powd, Mr. juatice Eyre, ai
baron Powis.
CL ofAr. Cryer, make prodamatioii
Cryer. O yes, Oyea, O yea. All i
of |»ersons that have any thing more t«i
this Sessions of Oyer and Terminer, adj
over to this day, draw near and give yi
tendance. And God save tlie king.
CL ofAr. Cryer, make proclamatioi
Cryer, O yes. Sheriffs for the coi
Middlesex, return the precepts to you di
upon pain and peril will fall thereon.
The Uoder-Sberiff returned the Prcc
CI. ofAr, Mr. Baker, pray, whom
intend to begin with P
Mr. Baker, With AmbroHC Rook woo
Cl.qfAr, Cryer, make proclamation
Cryer, O yes. You goo<l men of the
of Middlesex, summoned to appear he
day, to try between our sovereign lo
king, and the prisoners that are, and a
at the bar, answer to your names, as yo
be called, every one a't the first call, an
your issues.
The whole pannel was called over, a
appearances of those that answered rec
and the defaulters were again called ovc
CI, ofAr. Keeper of Newgate, set Al
Rookwood to the bar, (which was done)
the prisoner at the bar, Ambrose Rool
those men that you shall hear called, ai
sonallv appear, are to pass between oui
reign lord tne king and you, upon trial (
life and death ; if therefore you vrill chi
them, or any oftliem, your time is to
unto them aa tliey come to the book
sworoi Jbefore thej be awom.
foir High Treason^
rthatmmfm Sktmtr, If your lordmlnji
m hmte 4 dtin^ or two to propose li>
^;ip* in reapect of Oie trial tliis day :
lotfrrifi M^ U^ your fi?our for n
af« Maifiied of cotjiis^], In pur-
lyf paninment, uml we Itope
:h we tiimU nay in defence of
be itnputed to ogrsi'lveit. I
14 liave Wn a rrAection tipan
cuiU ^our t«»rc]ihip8' ju^tice^ H
yte klintifd havt> rrfused to »p-
r,,. . Km^ji a public(\lioti in the
i yowr candor taw Bril$
I '! upaa othtT occiuiions^
mn b(* no reaiion fur such
1 \%'4\e n(ni¥ ; for we must
rim liiive bceji pmctixer^, mi
_ hm there wus never a reijjfo
vrijhin the memory of man,
irsrirtf-^renrp, soch i*»«iuew(i of
rrOiil ihf court to
Ud\\i hvvn ill tiiis.
tji and liberty of
(1 to (he bur, and
Ixtuji mr lilt! Kjtme.
W« oome not bett* to coiinieoance
PM for which the prisioaer standi ne-
dw|mcicsples upon which such prac-
le prcMimti) to be fouotled ; (or wc
IMft cillier reiitpatifi or civil, ttiat can
'9XCmB^*m. But the aul of par-
mo^ warmnted the of
ir prfWMiK Hccii^ed to j i ^ce
litbooc y<'Ur l<»rd&bip ^lU (iittt us
•Iw w Uat ohjectioni u c con on their
Look 3fe» sir B. Shower, go
'^ilijeetloiif ; Id us heur whut you
My k»rd^ It appcari to be a
this act of padiatnentf ^he-
I be tried tiiis day : »nd if it
Itopep ihnug'h itslR«uld nut Itarc
ih the court, that ue upprehend
ill yoiir lordship will excuse nj^ and
(tonlmff to your judgment, 1 ue act
Tlifti nil that ahailt beaceuiied and iti-
r higb'imi«on, whereby uny cgrrup-
Mdtiiay, or»haiI be raaJe io noy such
fff oflrnden, or to any the heir or lieirs
Id) o&mler or offeodcf 14, or for mis-
tvcftkonf ah all htive a irue copv
^ leat ; and afterward* all all
uf the jurors who are
^ feturned hy tlie sheriff and
Ima tM0i I And efery one of them so
iliiitiB'ii
ii^rbatb
I lliai tiuB tnii
^tUttftmutiiif
i.ili he tried for the
'Mil please to cast
, nud it will
\ . and that is
Uw. And it
jpprehend it»
fit on at this
iiiuldbe&oas
I worJa, but, aa we take it,
A, D. 1$D& [lift]
the mtetit and menntng of the act of puritan
too are for us, that there ought to have been i
copy of the panne) after the return two days I
fore the f riaL For in the Hrst place, my h>fd, th«
words are plain : it must be a copy ot the pnn-j
neJ duly returned by the sheriff. Now, though j
it be o'copy of the' array of the psmnel which
we have delivered to us» yet it is not a copy of
tlje pannel of the juroi-s return etl ; for it vi n<i
retiu'n till it come into court. And the kin^^^AJ
counsel must admit, that iu ihe case of all writt
rcturuahle^ it cannot be said that there h a re«^
turn, where there is a wririnjy upon Ihe-bacU^
or a label annexed, till it be actually returnrdJ
into court. As in the case of a Fieri raciaStf
or a Maudauiua, an action for false return can^
not lie till the urii he actually returned, For|
such uction must be brought into the county (.
MiddleseXt where the court resides, befbr
i^hom the return Is made, and not in thfl
county where the shciiff li%fd that ms^le tha
return ; for it h not a return till filed in coun
Now here the words of the net are ; * Ueshalll
* hare a ct>py of the pinuiel of t!ie jurori? whfl
' are to try hiui, duly relunicd hy the shenf
*■ two days before the trial.* Now/we humhJyJ
itwist that the wonls * duly returned* ma-it I
antecetSent to the having the copy, or else hi
caun<Ubesnid to Viave a copy of the pannel
duly returned- The act of parliament does no|
$ay which shall he duly retuiued; and thcre«
fore there do^^s arise a doubt, whether yoiti
lordship will not direct us to have a copy afle
the return made, which is hut this dav*
Mr, Fhipps. If your lordship pVaaea
spare mo a word of the same ^idc : We lake if^
that by this act of parliament the Jury must I
duly returned before the psiruiel is delivered tq
nn. Now the returu is the answer that is in<;
doi'setl upon the writ with the pantiel annexe
and delivered into court; for the return ia
the court, and till it be dehverei! into coun
it cannot properly be said to be a relur .,
We acknowlt'dge ihe copy of this pannel h:^^
been delivered unto us, two or three oayi
ago. But the Venire beinsf not returned filj
to-day, we think we have not a copy of the
pannel within the intent oft and according
to the act of parliament. And I desire to pu
your lordship this caste : this act of parlia^
ment df^es likewiae provide, that the priijcmei
should have a ^^y of hi^ indictment fivq_
days before his trial, to enable him to consul!
with \m crnipsel how to plead and defend hiD
self ; suppose then a copy cif a bill that k in^
tended to be presented to the errand jury, be ile
livered to the person accused tive ihys beforj^
the tfrand jury are to meet, and they after*
w ards meet, and find it, and the party is troughs
immediately^ and arraigned upon it: this js f[
true copy of the indictment, yet certainly Uii
intent of the ot-*t of paHiament is not answered-
for it waa not a true copy of the indictment a|
the titne it was delivered^ And I take \\u%
caae to be under the same reason. This is 1^0^
a (>annel duly returned, till now ; and theretbri
by eoujecjucnce we have pot tW adfantv^^v
8 WILLIAM in.
I
I
I
I
I
147]
that this »cl ofpnHiAmeiit iDtcnded to give us;
for Mhich reason we humbl)^ apnrehc«iJ we
<«ight not to be tried to-day ; which we suUmit
to v«»iir [orthhip.
L. C, X What say you to it, Mr. Attorney ?
Alt. Gcri. (sir Thomas Trevor). My lord,
with suhmissioii, this objection will receire a
very pbin ftnswer. If! understand it arii^bl^
they say thul they ougrht lo have a copy of the
paniivl ik(\rr it is relurned^ nnd tliat it cannot be
mu\ to be duly delivered, accordiusf to the pro-
vision in Ih'm act of parliniTicnt, till atier the
Vetiiro Fat ra* be duly returned win th*' court,
and ttu 11 they are to have it two days before
liiey are tried. They say t!ie Venire Paoins
1$ returned but to-day, and so the copy deli-
rered to ihem, is not pui^uaut to the'iict of
parhament ; ami so they cannot be tried to day :
this I take to (je the oytjpction. But with smi-
n»ission, my h>rd, it will be plain both by the
Wi>nls of the act, and the reason and intention
of it, that there is no occasion at all, nor no
necessity of baring- the writ returned before
the copy of ibe pannel bt* delivered. The wonfs
of the act of parliament iu p these : ^ Tha! every
* person and persons w ho shall be accused, in-
•^ dictetl, and tried for treason, or misprision of
* treason, aiier the *2Mh of March, lti9G, shall
* have copies of the panoel of the jurors who
* are to try them, duly returned by the sheriff.
* and delivered to thetn two days before they
* be tried/ Now, first, tny lord, J think it is
apparent what the menniDtj and desig^i of tlie
act of parliaoieat was, thai the prisoner should
know two days before the trial, who were the
jury that were to pass upon him, that he might
have an opportunity lo consider how he sho»ihl
make his challenges as he thoug;ht fit, and
time to enquire into the qualifications of then],
that if there were any particular ground of
challenge, he ruiglit nut lose tliat benefit ; so
that if he has a copy of the pannel arrayed by
the sberiff, which is afterward returned by the
iherifTinto court, and there is no variation of
that pannel a Her wards ; then cerloinly the end
and intent of the act is entirely pursued : for
by that means the prisoner liws^ the names of
all the jury returned, and ivreaAerwards called,
and has a full opportunity of making such
challenges as he thinks fit. And as tho reason
and intent of the act is answered by this con-
struction, so the very words of the act are an-
swered : for it is not said in the act, that he
Bhall have a copy of the pannel afler it is return-
ed, but itissaiJ a copy of the pannel duly rr-
furuftd by the sheriff; ilrat iij, when the sheriff
ba&^miyed a pannel, then he is to have a copy
of that pannel; and if afterwards the sheriff re-
turn the same pannel into court, is not this a
copy of the pannel duly return etl ? With sub-
mission it is, and sufficient to answer both the
words and intention of the act of jiarliament.
It is true, tny lord, if the act of parliament had
taid he should have a copy of tne pannel after
It was reiiirneJ, then we could not have said
but that the objection would hold. But when
tke words are g^eDeral, and it h most reasonable
Trial qf Ambrnsc Rookwoodf
to be interpreted that the copy is to he delivff(
when the arrny is made, because that answi
the intent anil end of the act of parUnme
which was to enable the prisoner ta mnVf 1
chttllengfes, we take that to be sufficient;
if anotiier interpretation should he midfj
would render the trial in such ctv-
all the mischiefs in the world, ami -
firacticable that any person should be tried ^
east it would introduce a new method of i
ceedingfs that nerer was practised, nor <tugn
be introduced, unless ibis act of parliaineiKj
express words had appointed and cou
such a new method ; and we siip|i
lordship will nevpT make any auch co
tion, that the art int tended a new method,
less expressly declared ; for if it were,
would hate it, that the copy of the pan
not to be delivered till after the returitl
writ, then the prisoner cannot be tried
the return of the writ ; for upon the retu
ihe writ, the jury must be hroug-hl to the I
the prisoner must be brought to the btr,
adjourned over to a further lime, that i&(
mean time a copy may be delivered to
t believe that they can never shew anyi
dent thtit there was such an adjounim
jury of life and death, over to another
a person to have a copy of the panne), I
him to make his challenges ; and eith
must be the conscqurncc, or else the jury i
not ©ome upon the return of the Veuire f^
but there most go a Habeas Corpora, ^
prisoner tried ujion that Haheas Gor
first there Rjust be the return of the writ,
the copy of the pannel delivered, then IhgJ
beas Corpora returnable another day ; i
that the trial must be had : but I belii
can be no in*»tance given of a trial for i
upon a Habeas Corpora. Now if the pa
meut htid intended that they would not I
the- copy of the paDoel delivered till after 1
return of the Venire Facias, tliev would c
tainly hnre es:pre-ssed aud provided how
methofl of iria! shouhl have been ; that I
that either the jury sliouM have been :i<]jiiun
over till anotiier day, or else brought to l"
upon a Habeas Corpora ; which is
way that can be thought of. Indeed^
I do aeree, that if the sheriff should pfi
copy of the pannel ^ and afterwards f^houl "
that pannel, though but in one na
uoultl not answer the end of the act of^
ment, because the prisoner is deprived (
opportunity of knowing- tin; name of the
son that he so altered, in order to his mat
his challeng'es against him : but if thc^ sh^
di> return the same persons that are in (
copy delivered to the prisoner, then we do
all intents nnd purposes, answer the end 4 '
act of parliament, and avoid the absurd
struction that ihey would tnake of this aCtl
the chang'in^ the methoil of trials, and do'
can well If llwhat method should be piinn
but certairdy if tht? act of parliament intcn
a new method should bepursded, they
have described and settled what it shntiltl I
f^ High Tre^m*
(dlr Jdbn Howies). If your lorrU
tft «pjirr mp n wonl <^t' the i«anie
: i hfts been
(trd J for,
i uLc it, the ui I liiis U>eii '
errd b»th as to lb© t* orils, aoil 1
r's having'
iiy be re-
^ u iiung^as a nfttmel
ii<-. sumfnoncJ, and
'f'fore bis
* -. ujai Igni-
ted fiufH-
: ^ts. Cer-
iieact of parliament
■ lit It a copy of ibe
iirt of ibe wril,
d that Wfts or-
«|«i, •«€ ojiv 4>4h^i iidiiita put in bill those
tenkftliaal m copy of before: now, my tord, 1
Aidtlibact nf p^trtiaimehl mutt be takfii ac-
mgtmkt iH* IntanI %iu\ meaning of It^ <j|- else
sǤWr ti jTisoner^ and hurdar
Mt ifctt ir it sbouhl ; this tiot
V^ltfsb&ii ii.-v^c ;i i:<)\y\ of bis indictment so
mtm flairs bdbra lii;» trial ; Dow I would fain
^arm wWiilur iWy won hi have it cooiitrued,
ill te Cifrj fItMv mit need to be ddivereil til)
#v kiBCj^Ofiil, wtiich oiu&t be if tlicir doe^
ibMt the act i« to li« con-
nUnLT t*» ibf* Strict letter of it, for
in4d V I of the issue; what if
H^ ad<ctji live red Ave days before
jj tti %ial, ihcit>g:b nfier imwt joioetl, it is well
L v*^ acctirdjoc t<* such an e^cpositian* for
K^VEvqninf; nf ilie prittotier i^ no part of the
H ilk«i4 tH it %vii« iW intent of the pur-
be ««iis nrrui^ned,
' uijvJu have
> lo make
I ai i>^ii - ; be nii^ht
wliicb ft*U'r plen
cot till not liaTe the
jitiarMranls move to
|iQ> til
^iMiiirf M ;.
s^'iaii^ol', mtir could h<
iW) (lie tiifliciifiefti, ivliich (If' mi^fbt other-
,4mi rraKiu for, »l hp hiul the copy
•« fntt to {dead, no Uitit I lake it the
»W ioAerpretetl tivpry H litrt' »cc^»^liol;'
on^ftl, .itu) ibo piittotiei' at the
jt> lion of ihc act, hai
ra/L, i.^ui five or aix dayii
lirian^nmrul, aud therelore we liuve
[ tvi ikii* pfcti'iHine atid lueanin^ ot
^4dJlcopy
t at ' try Jhiu«
l4llly iMfintrii LJV iHL -„j4 iMi, Mliich lfi(
' KvMifiif lo lii« act of |»;ii it.inienl.
•^■lli^y ««3v tbiit eicu a iO(>y of ll»t
v4H»»rc it ^ found would nut be t^ood
ru I lii\ .„< 1 I 0..1 1 is Uuf, hwt tii>^ rH'si-'
at n^ 'd paiiucl |
•jfd < lie jury be !
1« lur l^a aWr^ it&u«i array aud iH»iu*
1696.
plete his pannel to let bis bailiff know M^ho must
he summoned ; but in the case of an iu^iclioent,
though a bill be drst formed by the clerk, yel
it is not looked upon as a formal indictment ia
point of taw, till it be found by the jury aH tbeir
vcrrdict, and preferred to the court; and it is
not necessary tiiat this indiclme4it should be
formed for the jury before they find it, for I hey
are p>roperly to make their own presentmeuts
thi m^elves \ and the ancient practice was, that
they only presented the fact, and the matter
was put into form afterwards by the court, and
in many cases it \^ so at this day, aa we have
had some instances lately ; but as to the ar-
rayinc^ of a pannel it always was ao, and always
must be so arrayed by the liherifr before the jury
summoned, and there is the dijTerence beiweeti
the lairing a copy of an indictment and the
copy of a pannel, the one is taken notice of in
point of law to be necessary, the other is not.
This giving" a cop^ of the pannel, my lord, we
say, ia within the intent of the act, which waa
only to enable persons accused to make their
just challenges, and that they may as well da
w ben a copy is delivered after it is arrayed by
the sheriff, as when it is returned by the slicritt,
and being* so done, with submission, it is well
done within the words, and within the intent of
this act of parliameut.
Mr, Contf€r$. M v lord, the words of this act
of parliament are, That they shall have a copji
of the (lannel of the Jurors who are to try them,
duly returned by the sheriff, and delivered to
them^ and this, two days before the trial t my
Joi'd, that this is the pannel of the sheriff of the
jurors that are t4.» try them, as soon as it is ar-
rayed, has beeu observed already ; nov^' it would
be a forced construction to construe these words
that follow, ' duly returned by the sheriff,* to
be meant, that a co^y should be delivered alter
the jury is returned, because that would be a
delay of justice, and keeping off the trial longer
than Mas intended by tltis act of parliament,
and more than will answer the end of thicj law ;
for the end of it was to give the prisoner all
benefit aud advuola^c of exceptions against any
ol'tho.^e that were tutry him, and if ha lias ibia
pannel ttvo days before his tiial, he has that
hrnetit the law intended him. Now, uiy loni,
a!> to what has been said of an indictment, whitib
by this law, be ia to have a cony of loo, thai
is plainly quite another case ; lor it is not an
indicttncut till it {ie found, and fio answers not
the words nor iuiention of the act till found by
the ;>rand jury ; tdl theti it is not a copy of lus
€har;;c%, and therefore by no construction can it
hf culled a copy of the indictment* 1 think I
need mil trouble your lonl'^hip any further in
this iimitkfr, because thit^ objection was li>rea}ceii,
and liu& beeu already cmisidcred of by the court
upon ihe prisoner's Jirraie'omeot.
H\r Barih, Shoacr. My lord* in answer to
what Mr. i^olicitor ha^ ttatd, that there is as
much reason to expect tlkat the copy of the in*
dictmeut should not be detiveretl lifl after pl«*a
pleaded, as that the tr^nuel should not be deh-
ver^fd till atler the jury relumed, because iu ibt
I
I
I
I
8 WILLIAM III.
4%&c of the indictnieat it is said so mfttljr days
Irt4hr« iKe triat^ and the trial caonot be till issue
jometl^ tUne can be no weigfhi id that objec-
tion al ftli ; for the wtrrds of the act are quite
differeAtty penned in the rnse of' the indictment
from what they are in the c*ase of the pannel ;
for thouj;b it \*€ said it should be dotie five davs
before tbe trials }et it !<> added^ Mn order to the
* adviain^ with counsel how to ptead ;* which
in oat be before pli^a pleaded^ and therefore it
m\nH be absi*U*!ely necessary lo be done before
the arrm^moetit, My tord, I have propoȣ*d
roy dimbt, it may have consequence* on the
one side and the other, we submit intirely onto
yoar ktrdsHip'i jtidjjfment ; it is a new law, and
never has receivenf any opinion ; I he uords of
it are, • duly retumeii by the sheriff',* atjd the
Stie:»^ion t», Whetlier a eopy of (he pan net upon
>e array btl^trr it be returned he a copy of tiie
nantt*-] ifaly retnrred, 1 hough the s^mo pannel
»e afterwards duly retitroed.
Mr Phiy^'S, My iord, Mr. Attorney General
ftWMB, ilittt the piior< I after it is array e<i may
be ameitdHd aod n!tered by the sherin ; and it
waa nevt t it lentfed by this act of puHiament.
that any copy of the pannel should be delivered
lo the prisoner but of thoije men that were
really reiurticd ; so that we take it, we ouio^ht
to have it.tvto days after the return and before
the trial ; fui- certainty it must be a copy of tbe
men returned, which if the shenfl^ may alter
at any time before the return, the intent'of the
Act of parhument cnn never be an&w^ered by
any copy hnl what is a true copy of the return.
Idr. Coo vers would aimner iho olijecii-m that
I made aoout a copy of the indiihuent by tlii^,
that it is not an imiictmeut till it be fonnil by
Ibe jury ; but I think it is no answer lo our oh*
jectioA at :0I, though it be but a copy of (he bill
intended to be presented to the ^rand jury, yet
if the erand jury afterwohJii And it, it i.s ns true
n co^iy id ihe indicmient as thisiii a copy of the
jury iiLcnded (o be returned, and fifter'< ards
relnnied. As to what they say, thai this will
inirodiice a new metliod ol trial, contniry to all
form o: pwce^tlings, that can be no objection
neitlier ; « or if it lie so, we cannot tell tiotv to
help itf the parliament have thought tit In have
jt so, arul wc must submtt to take it ai» I be law
itas made it : if there be a necessity for a Ha-
beas Corpora upon ttic provision made in this
act, 90 it must be, for we must take the law as
iilti, We subtiiit our objection to yodr lord-
ahip ; we think we have not had the beuetit of
llua law*
Mr. Cowptr, Surely, my lordp whiit !VIr.
Phipps has now said has no weight in H; th:;t
because the shenfTbad it in l:is power U* alter
the p»uDel before it was relumed, therefoic this
is 1 1 01 now a true copy '^f the puniiel ot jurors
who ure lo try tlic pr isomer, *liily returned by
the sheriff; which arc llie WLHiJs in the act. ft
is true, if (lie shentf had in fact altered iJie
pannel from what it ivun, aoil returned it so iiU
tered into court, no doubt of it,, the prifioner
would be very well iniillcd to muke this oh*
jeotioQi that be Lad not a copy of the pauud,
Trial of Ambrose Rookxx>ood,
or the names of the jurors that were
to try him ; but now we can aver, that we
pursued this act of parliametit hterally; for
answer to their objection, we may ask
queslioQ of ihem upon the words of the
Have you not had a true copy of tlie namea
those tuat are to try you, and are duly
by the sheriff for that purpoftel and was
that copy delivered nuto you above t
ago r They^ cannot say they have not fa
and if they cannot say so, then both the
and meautiig' ivf the act of parliament are
every res|>ect anawered. ; if when thejury^
to be called the prisoner iimh the pani
altered t be has reason lo object, and w
the benetit of the objection, that he has
ar} vantage which the I aw intended him,
that prove to be the fact, we think Ker« '
compliance with this law.
8oL Gen. 8ir Uarth. Shower mista
objections about the copy of the iudi*
for u e say, if the intent of tjie act of pi
be complied with, it is suiHcient, t
where the words are any way douhtfirf^
cording to the wordsof thisactof pailMmctii
copy of the indictment need to >»e deliveied "
6ve'days before the trial ; but it appearinsr
the intention of these law«m:ikers was,
should have a copy of the indictment to
him to plead to it if he hail cause, tl
though the words be * before the trial/ we
taken it that he should have a copy 6ve
before his arraignment, and so we have
ptteil with Ihe meaning of ihe hiw in that poii
as we have also in this, which was, we take
only to enable the prisoner to nuike his
leoe^es, and if that (m done two days betbre
trial, with tuhiuission, it fully answers thtslw
L. C, X Have you dooe^ gentlenaen?
Couns. Yes, my lord.
L. C J. Then look you, sir B» Hbo'
lo this point that you now insist upon
had it under consideration heretofore ; wi
here ihiji day se'nniglil, and then we did
sider tn what method wt^ should proc*eed,
that ttic prisoner mi«jlit hare the benefit
teodi'd hirtt by this net of parliament : the
of parhament does <lesign, in the first pi
that every prisoner thai is to be tried for h
treason should have a copy Qi' his indicti
at leuHt five davs before the trial ; that, I tbinl
was ail the makers of this act of parliament iip
tetide<l at the 6rst; but then there being ml
sequent words, which shew the reason wif
Ibey gave him the copy so lon^ before tfa
trial ; which is^ that he mi^ht advise with W
counsel ivhat lo plead ; ihejie worik, we
oei*e, have given the prisoner a fuiiher tin
than what was ongiually intended, thereto
we have tbnn|^ht it necessary that the priiioo
should have a copy of his indicUneni five da
Ijefore he be arraij^ned, which is five days b
fore he was put I o plead ; und yoiir client, I
prisoner at the liar, has had the benefit of
act in that re^spect before we arraigned bit
then Mler he has pleaded, the nuestioii wi
when bo was to have a copy ok cbe picmel
tSSj for High Treason*
fmm ik imp of Ihif *ct of {mrtiaEaeut wbs,
llrilbipiiQiNT tboutd have & oo)>y of the
mmt^tmh\%M'ore histii.il, in oi^er that
it niflt eOMi^kr of ibe persons t!ial were to
vtIuoi; Ihtthf mi^ht (> seSror their
riiw^ Impm, unA > in; that so
B^nrt^i , btuHiit ihe law ^ves
ka^c^i ' srui thirty, without
fMrc4Uif, if !»«• itifl not like the men,
t n laiuj mone at he &houM think he hatl
'tis case, the
rient ii an-
„ . » iiie paiinel, oa
^^iVftn^^ Lww days before
9mtlHu .... ha<4 th« full be-
t M llw Id ol ^ intended ; he t9
lOOf^ •« Wfr I . Liakti hii eiiil-
i tWUu shouht be, and
*lfce flime ii ^d tiim, that the
liBinenl mratit he should hitve ; then
[ liie de«i|fn oi tliiji Act of jmrliajueut
wtttd tt'ui cufiijdied with in the
I i|nef«iori ^i l> helher the worda
i ttre satisfied ? For we wuidd be very
:99e ^' \\iii nttiirct %vhere an act of
iaieiHlta /^vour to a prisoner that
I tj|# |]*rfiif hill life, to abridge htm of
t (if it(ir ^ hich tj»e very words of
I ftlbw him, though the intent of
rli^oM^t were jiiiswei'ed uiherwise;
t place It is observable, that the
ftiiu^iii .lu*'k iMit uAy^ tliat the ori-
II lelurn ; nor docs
I ^in the court, but
I m copy of tiie panoel of tli« jurors
1 ihnt are t<> \ry him ; now if the
> days before the
.[idthie9<n^^ tiitn
> ^laun^i, whi^h paanti is
IT} rnurl, ha« tiot he then
M ■ ' I>ot!« not
? For you
ufj^i u IS ntii Mu<; ifi the words
ltb«eii|>y flmll be delivered atter
'^*-' • •- ■' " - •' • " ' :\ copy
r cany
i— ^^ > .i i"' ......inHfii' he
•ml wi' think thijq Answers both
1^ r it i'v 31 tonv of the pannel,
1 1.| iv returned.
i^ii^ t wouhl in-
r ik«e ttoiml luiu^e af Crialt,
^ to Uie very process itself
le ..'f law to award process
\ • Ji^ 1A Appear at a cf rt^iiu time,
B joiiaed between th*' ktM^^ Hnd the
I y«l wbiiu we have done this, and
are suoirnoned and do ap-
i» ttiey e)unt! ; for the isaue
iMitfe atW tho rettirn, the
fcttf« • copy of the pnnnci two
s act of J, and the very
I ftfL J led iQ giviog a
nvl ^ ofm ibe return.
i«tt<i 'itf ooticider&tion
«fOB dkbttte aitiuug cmts«:tr«i| we
A. D. 16M«
[13*
did thiuk fit to award the precept returiiabf#
this day, and rrsolved to try the prisooer this
day* unless better reasons were offered us to
uUer our opinion, and we are not sAtiMfied thai
any such better reason has been gpiven, but that
this trial ought to gt> on, the prisoner having-
the fidl benefit that wa>» de^tigued hrm by this
act of parliament. And the giving a copy of
the panoel that is returned, liiuugn before the
return^ sufHriently satisfies the words of the
act ! no other construction can be made with«
out great absurdities : thiit is my opinion.
8tr B. Shower. My lord, I hope we shall Ke
excused for our clieni, we have another doubt
to propo<ie to the court,
L. C. J- You have bad ray opinion upon
this point, if my lords and brothers are of uno<*
ther opinion, they wdl tell you.
Jadgct, No, my lord, we are all of the same
DplDiOn.
L, C. /. My Lord Chief Justice of the Com-
mon Pleas, and my brothers are all of the same
opinion.
Sir B. Shower. My lord, we say we hare
aoothpr doubt to pro(>ose U{>on this act of per*
liament: it ist a new one, and never put in
pr^iOLice till no v, and therefore we hope your
iontship will please to excuse us, if we offer
nor objections, because there has yet never
been a delerniination about it, and we are es<
signed of counsel by your lordship.
L. C. J. Never make apologies, sir Bartbo*
lomew, for it is as lawful for you to be of coun*
scl in this cuse, as ii is in any nther case where
the law allows counseh It is expected you
should do 3 our best for thuee vou are assigned
for, as it is expectei) in any other case thatyrm
do vour duty for your client.
ftr B. Shower, My lord, our exception is
this, ne say that this trial cannot go on at this
time, upon this act of parliament, because we
have no true copy of tho whole indictmenl ; it
does not appear, in the copy we have delivered
to us, bet ore whom it was taken, or wbether
it was taken at all, or in whnt pkce it wat
taken ; it &i)ys only ^ Middlesex' inthL» margin,
and iheu * JuratoreA pro Domino Re^e pre*
* sentAnt:' that might be befori^T the justices
of the peace at the quarter sessions, or it mii^hl
be at th^ monthly sessions at HicksVHill,
or it luiglit be at the Hc'Stions at the Old Bai*
ley<, or it fiiight be before comnaisaionen uf
Oyer and Terminer, as perhaps it really was ;
but noil eomtai where it was takeo^ nor bow it
comes hither i it might be before your lordship
here, as wc believe it was, but inis copy not
letting us know where and bow it was taken,
we think we have not the benefit of this law |
for the party accused is by this act of parliA'^
ment to have a cony to atlvise with counsel,
that be may be enanled to plead. And that is
the reason why ihe words of tlii^ aot are eo
penned, that he shall have a copy of the whole
indictment, which we cannot plead to, unless
we know where it was taken, if we should have
occasion to pleAd any special matter. And be«
tiilesi my loVd, there is auotber reesoii why W9
IW]
8 WILLIAM III.
•bouM lia¥e the whole indictment to enable us
to plead, because if we bad the Caption, it miflfbt
perhaps ap[)ear, that Ihe iodictment wai taken
before the time of the fact alleged in the in-
dictment, and then that would make it Yioious ;
it might be belbre the 9th of February, when
this treason is said to be committed, and thep
we ought not to be brought to trial. Now the
design of this act of paniament, in giving the
prisoner a copj of the indictment so lon^ be-
fore the trial, was net only to enable him to
make his defence upon the trial, but also to ad-
vise with counsel to plead ; for so the words
are,^ the better to enable him to plead.' Now
we savr to answer tbb end, it is necessary we
should have a copy of the whole indictment, as
it stands before your lordship in court. And
another reason is this, it is no indictment, un-
less it be presented by the jury, as their inqui-
sition upon oath, unto some court that has ju-
risdiction of the matter: what we have deli-
vered to us is only a copv of a bill as to be de-
livered to a gitmd jury to oe found ; non constat^
that it is found. Now the intent of the act of
parliament beinsp to give the prisoner this ad-
vantage to enable him to plead, he may have
severfi pleas, of which he micht take a legal
advantage if he had a copy of the whole, which
he knows not how to come at now ; and in truth
it is very necessary, because if he be tried upon
an indictment found in another county, then
these commi^oners have not a legal authority
to try him ; and if the trial should go on, and he
be acquitted, he is subject to be indicted and tried
again, and never can relieve himself by the ac-
quittal upon such an indictment before persons
that had no authority to try him. I doubt he
can never plead the acquittal, because he can-
not make out, that he was duly tried and ac-
quitted : and for these reasons we humbly sub-
mit it to your lordship, whether we have had
the benent of tliis law, in having a copy of the
whole indictment to enable us to plead ; and if
we have not, till we have that benefit, we
humbly conciive this trial ought not to go od.
Mr. Phipps, My lord, the question is, Whe-
ther the style of the court, the persons before
whom it was taken, and to whom the present-
ment is made, the time when it was taken, and
the place where, ought not to aopear in the in-
dictment ? tliis law requiring tnat the prisoner
■bould have a copy of the whole indictment to
enable him to plead ; for if it should hap|)en,
that the indictment was taken before persons
that had no jurisdiction, then I believe it will
not be denied but that the prisoner might plead
to the jurisdiction, and there might be several
other pleas that he might take advantage of.
I would desire to know of the king's counsel,
whether ever they saw a copy of an indictment
^ven in evidence, or pleaded without the Cap-
tion. It is not a true copy witliout it; there
ought to be the time, the place, and the style
of the court before whom it is taken.
Ait. Gen. Truly, my k>rd, I think 1 need
•ay no more to this olgection, than it does not
iH a proper time; far, with
Trial of Ambrose Itookwood,
if the prisoner will upon thb act say he 1
had a copy of his indictment to enable 1
plead, he ought to have taken the advan
It before he did plead ; that is the'propi
for him to object thb matter to the cou
if, after he has had such a copy as this p
hashed, he does submit to plead, wit
mission it is too late to come at his tr
make this objection, he cannot be reoc
make it after.
L. C. J. That is a full answer, Mr. At
Att. Gen, I think it is, my lord, wit
mission, not that we would wave givin;
answer to it, if it were in a proper tim
the metl^ of proceeding roUst be, i
tliink we have no occasion at this time
any thing more to this objection.
X. C. J. No, no, that is a full answer
point : for look ye, you that are of coui
the prisoner, when once you have plead<
admit you have had a copy ; for the co
given you to enable you to plead, and
you have pleaded, you have passed by
vantage that you could have from thf
as to any plea that you can make : for it i
for granted ye had a copy to enable
plead, and to advise with your counsel al
since you did plead, and did not insist
at the time of your arraignment that j
not such copy.
Sir B, Shower, My lord, we have pi
one doubt ; we humbly submit it to the <
Sol. Gen. It was their own fault, tt
objection was not made in time.
X. C. J. That doubt of yours may s
another time, but now certainly it is qi
of time.
Sol. Gen. Nay, my lord, even upon
raignment tbat would not serve their tu
ther.
L. C. J. We will not enter upon tha
pray go on to swear the jury.
CI. ofAr. You, the prisoner, look t
challenges, as I told you before. Cry<
sir Jeremy Saiubrook.
Cryer. Vous avez.
Sir B. Shower. Mr. Rookwood, you
make your own challenges.
Rookwood. I do not challenge him.
CI. of Ar, Then hold sir Jeremy the
8ir Jtr. Swnbrook. My lord, I am unt
of serving upon tiiis jury, for I have be
these several years, these dozen years ;
not hear what is said in court, thoug
now so near the court ; I could not hef
your lordship said, nor what was said
bar. I have a certificate here, if your h
please to have it read ; and most of the |
of quality about the court know it to be :
Att. Gen. My lord, I am afraid it is
L. C. J. Nay, if it be so, it is not iitti
he should be upon the jury, when he
hear what is said : you must excuse
reriiv Sambrook. Go on to the next.
CS. ofAr. George Ford. — Cr^er. Von
CI. of Ar. Look upon the prisoner.
BjoAmo^i^ 1 challenge him.
Jbr High Tnoion.
Mr. FonI, you must not go away,
apoo aoother pannel, wherein you
Aoyedy though you are now chal-
. William Underhiil.
challenge him.
. William Withers,
challenge him.
SamuelPowell.
do not except against him.
Then swear Mr. Powell.
M>k upon the prisoner. You shall
ly ^y> ^"^ ^^^ deliverance make
r sorereign lord the kinpf) and the
lie bar, whom you shall have in
I a true verdict give according to
ce. So help you God.
Thomas Trench,
challenge him.
John Wolse.
challenge him.
James Bodingtoo.
challenge bim.
John myroond.
challenge him.
Richard Marsh. [Be did not
Georjre Haws.
challenge him.
. Fiancis Barry.
challenge him.
. Arthur Bnily.
[ except t)ot against him. [Sworn.]
. John Webber.
do rot except acrainst him. [Sworn.]
. Thoiuas Glover.
I challenge him.
Dormer Sheppard.
challentre him.
. George Tredway.
do not except against him. [He
Matthew Bateman.
' challenge him.
Timothy Thombory.
[ challenge him.
. James Partberich.
[ challenge him.
. Thomas Freeman.
i clial!enge bim.
'. Joseph Blithit
I challenge him.
. Timothy T/eonoy.
[ have nothing to say against him.
om.]
. John Harris.
I do not except against him. [He
. JohnBillers.
I challenge him.
'. Richanl Bourne.
I challenge him.
% George Carter.
! do not excentagainst bim. [Sworn.]
'. Francis Ctiapman.
I cfaallcBge him. .
*. Alexander Forth.
A. D. 1696.
tl58
Hookw. 1 challenge him.
CL (fAr, Thomas Playstid.
Hookw, I challenge him.
CL ofAr, William EUey.
Rookw, I do not except against him. [H#
was sworn.]
CL^Ar, John Marsh.
Kookw. I have nothing to say against him.
[He was sworn.]
CL of Ar. I^muel Hooper. (He did not
answer.)
X. C. J. Did Mr. Hooper appear f
CL o^At. Yes, my lord^ he is marked as
appeanns^.
L. C. J. Then you ought to call him Bgtan^
and set a fine upon his head.
CL ofAr. Cryer, call Samuel Hooper.
Cryer, Samnel Hooper, come into court and
give voar attendance, upon pain often poandf
for tfie court has recorded your appearance.
CLafAr. John Hall. .
BjookuD. I challenge him.
C/. ofAr. Nicholas Roberta.
Rookw, I challenge him.
CL ofAr. William Partridge.
Bmkw. I challenge him.
Sir B. Shower, How many has he chl^t'
lenged, Mr. Hardesty ?
CL ofAr, I will tell you, sir Bartholomew.
He has challenged 94.
Sir B. Shovcr. Well then, go on, sir.
CL ofAr. Peter Laveane.
Rflokw. I challenge him.
CLofAr. Thomas Moody.
Bjookw. I challenge him.
CL ofAr. Richard Bealing.
Rookw. 1 challenge him,
CL ofAr. Thomas Evans.
Rookw. I challenge him.
CL ofAr. Thomas Rammage.
Rookw, I challen^ him.
C/. ^^r. EdwaroTownshend.
Rookw, I challenge him.
CL ofAr, William Gunston.
Rookw. I challenge him.
CLofAr, Samuel Freebody.
Rookw, I do not except against him. (He
was sworn.)
CL ofAr. Philip Wightman.
Rookw, I challenge him.
CL of Ar. There are now thirty-two chtU
lenged. John Wyberd.
Rookw, I challenge him.
CL (fAr, William Strowd.
Rookw, I challenge him.
CL ofAr, Daniel Byteild.
Rookm. I do not except ugainst him. (Ha
was sworn.)
CL ofAr, Benjamin Noble.
Rookw, I have nothing to say against him«
(He was sworn.)
CL of Ar, Cryer, count them. Samnel
Powell, — •
Cryer, One, &c.
CLofAr. Benjamin Noble.
Cryer, Twelve gfood men and true, stand
together, and hear your evidence.
159]
8 WILLIAM in.
The names of the twelve swoni were these :
Samuel Powell, Arthur Bailey, John Webber,
Geor^ Tredway, Timothy* Lennoy, John
Harris, George Garter, William Atley, John
Marsh, Samuel Freebody, Daniel Byfeild, and
Benjamin Noble.
L, C. J. Look ye, Mr. Phipps, your oljce-
lion upon the indictment slipt me, and therefore
I would speak to it now : You said it might be
as well a copy of the indictment before it be
found, as well as this a copy of the pannel be-
fore it be returned. Now that cannot be, for
an indictment is not an indictment till it be
found, it is <mly a writing prepared fi>r the
case of the jurv, and ibr expedition ; it is no-
thing till it IS ibuid, for the jury make it an
indictment by finding it, they may alter what
they please, or refuse it absolutely. And if the
jury, upon examining the witnesses, would
only present a matter of fact with time and
place, the court might cause it to be drawn up
mto form, without carrying it to the jury :
again, there needs no Bilia vera; for that is
only the jury's owning that which the court
has prepared and drawn up fiff them : but a
pannel is a pannel when it is arrayed, before it
De returned, and a copy of the pannel given
before it be returned, is a copy of the pannel
returned, if it be afterwards returned, as it
must.
Sir B. Shower. But, my lord, that notion
atrengthens our objection that we last made,
that makes it necessary that we should have a
copy of the Caption, as well as the other part,
to make it a true copy of the whole iudict-
ment.
Z. C. J. That is another thinjf, we will
talk of that another time ; but I speak of this
only as to his objection, which slipt my me-
mory, because I would have nothing remain
unanswered.
Mr. Phipps, My lord, when I lie Bill is
ibund, the copy that we delivered before is as
much a true copy of the indictment as our
oopy of the pannel is a copy of the jury re-
turned.
L, C. J. A pannel is a pannel, when it is
arrayed, but a bill is not an indictment till it
be tound ; one cannot say a man indictatm
egistitf till it be found ; afl that we say of it
before it oe found is, that there was quadam
Billa preferred to the grand jury, and if the
jury bring it in Ignoramus, whereby they
disown tm presentment, it is cancelled, and
there is no record of it, nor nothing, only a
memorandum in the clerk's book perhaps,
that such a thing was. Well go on.
CI. qfAr. Cryer, make Proclamation.
CJryer. O yes, If any one can inform my
lords, the king's justices of Oyer and Ter-
miner, the kiag's serjeant, the king's attorney
general, before this inquest to be taken, of the
bigh-treason whereof Ambroee Rookwood, the
pnaoner at the bar stands indicted, let them
come forth, and they shall be heard ; for now
the prisoiier standi at tha tar upon hit de-
Trio/ ofAmbroie Roohcood^
liveranoe, and all others that are bouDd I
cognizance to give evidence against th<
soner at the bar, let them come forth, anc
their evidence, or else they forfeit their n
nizance.
CL ofAr. Ambrose Rookwood, hoi
thy hand, (which he did). You thi
sworn, look unon the prisoner, and hearl
his cause. He stands indicted bv the na
Ambrose Rookwood, of the pansn of St.
Covent- garden, in the county of Midd
f^nt. for that he, together with Ghrist
nightley , not yet taken, Robert LowicI
Charles Cranbume, and divers others,
traitors, &c. — prout in the indictment,
talis mutandis^ and against the form c
statute in that case made and provided,
this indictment he hath been arraigned
upon his arraignment hath pleaded not g
and for his tnal hath put himself u|iof
and his country, which country you
your charge h to enquire^ whether he be i
of the high-treason whereof he stands ind
or not guilty ; if you find him guilty,
are to inquire what goods or chattels, lai
tenements he had at the time of the
treason committed, or at any time stn<
you find him not guilty, ye are to it
whether he fied for it; it you find that b
for it, you are to inquire of his goodi
chattels, as if you had found him guili
you fiod him not guilty, nor that he did i
It, you arc to say so uod no more: and
your evidence.
Mr. Mountague, May it please your
ship, and fou gentlemen of this jury, tli
dictment that has been rt-ail to you, does d
the prisoner with high -treason tor compa
and imagininc^ the ncatli of the king, fc
deavouring to subvert the government, s
subject the people of England to the slavi
Ix»wis the French king ; and for this eo
indictment sets forth, tliat the prisoner s
b:ir did privately meet with several false
tors, to consult how they mi*>-ht compai
death of the king, and commit those other
sons; and that the 10th of Februar
Cofent-gorden, in this county, it was a|
among them, that they should get tog
forty horsemen, whereof the prisoner a
bar was to be one, and they were to lie u
bush, and set upon the king in his coach
his return from going abroad ; some we
attack the coach, others to attack the gi
and there were some to kill the king ii
coach : and the indictment does Tik
charge the prisoner with gathering tog
horses, and providing arms for this piu
To this indictment, gentlemen, ne
pleaded not guilty ; we shall call oor
ncsses, and prove the fact, and when we
so done, we do not at all doubt but yoo w
your duty.
8ir £. Shower. My lord, before Jiha
nesses are called we have a doubt to prapi
your lordship upon this act of parliamenl
that it| whether we are to take our «]
^r High Treason^
lis indictineBt before the e?ideQce be
A. D. 1696.
[162
giWi
li ihouki properly be before the
The words of the act, my
* before the evidence gi?ea."
That act proFides, That if you do
be advantage of it before the ewi-
I, jroa shall not move tb^t in arrest
Hi.
lower. It ooly says before evidence
DO evideooe Ms yet been given.
But you are certainly very irre-
oint of practice, nobodv ever took
to an iDuictmeBt after the jury was
lowr. If your lordship pleases to
da be read of tlie act of parliament,
lese : Thai no indictment shall be
oaleaB exception be taken in the
e the tml shall be, before any evi-
ti in court upon that indictment.
sav, strimgly implies, that the law-
ugnt it m^t be done at any time
eTidence was given in open court,
1ft the law takes notice that after
it shoold be of DO avail ; it would
a rery improper expression beibre
iven ID open court, if it bad meant
fory were sworn and charged ; for
evidence supposes the trial com-
f they had intended it otherwise,
tat it should be before the jury is
ey woukl have expressed it to be
i arraignmeot : but mentkining it te
the court where the trial is to be,
ience given, that supposes the in-
» be at issue h^ore the party needs
is exceptions. Therefore, my lord,
'e are regular in offering our exoep-
Pray, what say you lo it, Mr.
a. Truly, ro)r k>rd, I think they are
jTular ; for, with submission, I take
High this Act of Parliament has in-
!ni with several tilings which were
Ue by law before, yet as to this part
Mil aflowed to take exceptions to the
:, otherwise than they could before
IS passed : nay, so far from that, that
Isbip looks into^tbe act, you find they
ned in this point from an advan-
tbey bad before, that is, they
move any such things as are
itioned, after verdict in arrest of
; so that this part is restrictive to the
ind lakes away some advantage that
fore ; which was, moving in arrest
sot slier verdict ; but it leaves the
rceptioBS as to any time before the
it was before, which was beibre plea
Ml not aiVer the jury sworn : for it
denied that in point of practice, such
this that is now offered couM not
dane before the act. I would be
ow whether they can shew any pre-
nii.
cedeirt of any such thing as they now contend
for. They say, the words of the act are, excepi>
tion must be taken before evidence given ; but
that must be taken at such a time as t\iej
might by the course of law do it before : for
when the jury is sworn, they must give a ver«
diet, and I do not know how ihey can be dis-
charged without giving a verdict ; therefore
unless the act had given directions for a parti-
cular manner of proceeding in this matter,
which it has not done, your lordship will not,
1 presume, do it in any other manner than as it
was before the act made ; and if there be no
precedent to be shown of any such thing as
this, of taking exception to an indictment after
the jury sworn and charged with the prisoner ;
then there is no power in this Act of Parliament,
given to them to take exceptk>ns to this indict'
meut at this time ; we take it the motk>n is
very irregular upon all accounts.
60/. Gen. My lord, we first say, that it is not
proper for them to make any such motion aa
this upon this Act of Pailiament, till they tell
us what their exception is, that we may see
whether it be within the words and meaning of
this Act of Parliament. The only thing now
that is proper for us to consider, u the issue
joined, and the inquiry whether the prisoner at
the bar is guilty of the high -treason of which
he is indicted, to which indictment he has
pleaded Not Guilty : that is the thing that is
now before your lordship to be tried, they have
room for exceptions to the indictment after-
wards, for some exceptions T mean, (I do not
know what their exceptions are) but if they be
such as may be taken after the verdict, then I
am sure they are irregular now in their motion,
and they can shew no precedent, when it was
done after plea pleaded and issue joined, as it is
in this case.
Mr. Conyers. The advantage that the act
l^ves the prisoner, of having a copy of his
mdictment so long before trial, is to enable him
to plead, or to take exceptions to quash it ; but
I never heard a motion to quash an indictment
after a jury is charged to hear the evidence.
Certainly they ought to do it before plea
pleaded, and not now to come to make a motion
to quash the indictment, after they have pleaded,
and the jury sworn : therefore we suumit it,
upon the constant practice in like cases, to the
jud^ent of the court.
8ir B, Shower, In answer to that which Mr.
Attorney hath said, that it is an improper time ;
I thought truly 1 had moved it for the advan*
tajype and ease of the king*s counsel, that they
might not proceed upon this trial, when per-
haps after all their trouble, the foundation,
which is the indictment, may fail. I have a
great many exceptions to timiiidictment ; they
say we should name what our exceptions are :
I will acquaintthem with them as fast as I can;
if your lordship please, the indictment is very
louse and uncertain.
L, C, J, Certainly the motion is irregular in
point of practice.
8ir B. Shower. My lord, we weieafinid, wt
M
163]
8 WILLIAM m.
Trial of Ambrose Rookwood,
[Mi
■houid be excluded from taking these excep-
tions afler the evidence given.
X. C J. ^ you are by the express words of
the act.
8ir jB. Shoicer. Then certainly we may do it
before the evidence given.
JL. C. J. But the act does not say, ye shall
do it any time before the evidence given, ospc>
cially in such an irregular manner, after issue
joined and the jury swoni. Suppose Mr.
ikttorney had given some evidence.
Kir B. Shincer, Then, my lord, I ngreo we
had Ijeen without the words ; therefore I now
move it before the evidence, because the Art of
Parliament has given me liberty to do it betbre
the evidence given : fur the law having given
this liberty to tlie prisoner, to make such excep-
tions within such a time, your lordship wdl
not restrain us from making use of that liberty
further thmi the law has restrained, but we
may make use of our exceptions betbre the
evidence given, eillier to induce your tordship
to quash the indictment, or the iary to find us
Not Gujily, as we hope your lordship will direct
them to do : for what is more common upon
indictments after the jury are sworn, than if
facts appear ii|h>u the record not to be suffi-
ciently alleged, the court will direct the jury to
find the party Not Guilty. We think this net
does give us this liberty, othetwise I know not
to what purpose it was made ; the rery mean-
ing seems to be, that the exceptions of the
counsel for the prisoner might be of prejudice
to the king ; and therefore it says ailer the
king's evidence given, and the fact discovered,
no such exceptions shall be mode : therefore
we must make it l>eVore the evidence gi^-en,
otherwise this Act of parliament, that was de-
■igned in favour of the prisoner, will jprove a
very great hardship upon him, especially in
case of an imperfect indictment, as we appre-
hend this is, and he will be in a worse condition
than ever he was ; he must take his exceptions
now or not at all. The act says, he is not to
take it after evidence given ; and by construc-
tion the kind's counsel would have it, tliat he
should not give it before : and consequeDtlj he
lias no time at all to give it.
L. C. J. Have not you had time to do it be-
fore now, sir Bartholomew Shower? Cer-
tainly you had. Yon had time thb day seven-
night, when you were arraigned ; you have
had vour opportunity if you vrauld have taken
it ; the jury are now charged, the indictment is
opened, they have been told what they are to
enquire of, and now you would break in and
take exceptions to the indictment.
Sir B. Shoacr. My lord, this is a new act of
parliament, it says we shall take our exceiitions
before the evidence given ; which we take it, is
any time liofore the evidence given; and if
your lordship will not allow us to do it now, it
may be, we may lose the benefit of it absolutely.
Z. C J. It is one question whether we shall
allow it or no ; and another question whether
you can claim it or no : certainly it is an irre-
gular notioD, and the likeof it wu neier eiler-
ed in any case before, be it criminal or civil
for if it be a criminal case that is not felony o
treason, when the issue comes to trial upon ai
indictment, did you ever know any exoe|Mioi
taken to the indictment afler the jury wcv
cliHrged ? Certainly it is contrary to an prae
tice ; and it is not fair, the court is not «d
flealt with ; you have had an opportanity be
fore, and will you now put tlie court and thi
jury to Ko great deal of trouble, to stay till tb
jury be called ovrr? The prisoner called lo -ki
chaliciiiircs, he has challenged thirty -four, th
jury is sworn, the indictment is read to i '
the charge given ihem, the connsel have i
ed the indictment; and now when the hm
is only to try the issue with which the jury an
charged, you come to turn us quite round, bg
taking exceptions to the indictment.
Mr. Vhipp$, My lord, we take it the M
gives lis this time to do it in.
X. C. J. You know you had another tim
more proper to do it in.
Mr. Phipps. My lord, if we have not tin
now ; then this clause with humble snbmiMsii
signifies nothing at all.
£. C. J. The clause was made in thiiM
pect, to your disadvantage, because you ahiMl
nave a copy of the indictment, whereby JMJ
might have an opportunity to advise with OOH-
•el, that they might instruct you how to jMj
and to take any manner of exception MM
plea pleaded, it ought to be before the tridi M
now because of tliis advantage, it nrovidei Ari
you shall take vour exceptions before the M^
and not move Uiem in arrest of judgment, Ai
is the meaning of the act.
Mr. Phipps. Then, my lonl, there needed n
time at all to be mentioned in the act, but hail
left It at ft was at common law.
JL C. X Yes, yes, there did need a time,!
be limited ; for this clause was made 1 lay i
yoor disadvantage, in depriving the priaonerc
the benefit of such kind of exceptions in arm
of judgment, because of the advantage tin
was given in the fbrmer part of the act, wb€f
yon had time nven you to make, your eseq
tions, for which end you are to have a copy I
the indictment five days before you are calledl
plead.
Sir B. Shfmer, We could not come beftn
my lord, as we apprehend, because the moii
of tlie act are " berore evklence given."
L. C. J. But I tell you, this clause watai
foryonr benefit, hut for your disadvantage.
w B. Sh9uer, My lord, what wc press ann
firom the very words of the act of purliament,
the meaning of the law -makers was ais fl
king's counsel now contend to have it ; dn
would never have used those words ** beAl
evidence gi\en in open court," but haveia
they should have had no advantage of the Ca
ception, unless it were before plea pleaded:
does not say it shall be uf^er the verdict, or v
fore the verdict, but l>efore the e\'idenee givci
now if they had meant what these genUeiM
say, they would have appointed it to be bcAi
the Terdicti which would have included d
Jw High T^-eoiOH.
ituam then it had been like the penning
•cfi of parliament, the statutes of Jeo-
d the like, whicb saj, that after a ver-
ih and such exceptions shall not arrest
cot : but if they can shew me any sta-
: is penned like this, they give me an
all those statutes are, that no judg-
all be arrested or delayed upon such
exceptions after a Terdict : but here it
ly sball not arrest judgment, unless
ptioD be taken before evidence given in
irt. My loni, we submit it to you, we
9 law-niakers did intend somewhat by
ticalar way of expression, different
olber acts of parliament ; and truly if
as we offer to your lordship, wc think
ive no meaning at all.-
ren. Truly, my lord, we think it is
in what the pariiament meant, by this
B ibis act ; the design was, to restrain
ner froan moving in arrest of judgment,
•pelUurr, or false Latin, or little matters
if he did not move it in a proper time,
udi a liberty allowed him, as to have a
the indictment sa many days betbre
ompelled to plead : they insist upon it,
words are, belorc evidence given ; it is
what can be the meaning ot that? It
at such time as the law allows ; it is
dog a new method of trial ; you Aall
vpiion before the evidence, that is, be-
trial, for it can never be intended, that
not to alter the course, and let the
bl«ak in between the timeof the jury's
som, and the evidence given ; that by
oald ever have been done before.
. Skimer. Pny, Mr. Attorney, when
«■ have us do it?
Gen. R^iilarly before plea pleaded, at
se before tlie jury be sworn.
/. Undoubtedly this is not regular, it
vy to all the course of practice, it is
dealiog with the court. But tlien there
wr consideratioB in the case, that I
lave you think upon: if so be tlus had
a trial by Niti Priut, then the judge of
"tatf is only to try the issue ; but now
e very record is before us, and we are
if the record, as well as we are to asist
f in trying the issue. Now take it in
ler case of the like nature ; suppose a
Ihe bar in any civil cause, though this
wry to practice, and the court not fairly
(tb, vet when we have the record before
fina an error in the record, cannot we
be indictment and discharge the jury ?
the question, Mr. Attorney, though I
Dttfcas, I do not know that it has been
Me.
Gem. No, my lord, in a case of treason,
ibc jury are once charged, they are to
rvdict, they must either acquit or con*
L Mower. It was done in Whitebread's
ifiL 7, f. 311 of, thii Colkctwn.
A. D. 1696. [166
Att. Gen. But I know what has been usu-
ally thought in that case, and 1 believe they
cannot shew me another.
L. C. J. Nay, that this is a very irregular
motion, is very plain.
Sol. Gen. Certainly, my lord, you must
take it as the Uw was before this act, for this
clause does nothing for the prisoner, but is
against him.
L. C. J. I know it is not for the advanta^
of the prisoner, therefore I put it as a case in
an action, or an indictment, as the law was
before, whether this being a trial in the same
court where the indictment was found, and we
find an insufficiency in the record before us,
whether we cannot quash the indictment?
Sol. Gen. Your lordship mentions civil ac*
tions ; with submission, nothing of that kind
could .be doiieafler^oncethe cause came to trial,
but in criminal causes accordinfi^ to the course
of practice, which will always be the law till
|Mu-ticular1y altered ; I believe nobody can pre-
tend that after issue joined, and a jury charged,
any one can move to quash the indictmeDt, I
think I have heard it often said in this court,
that in capital cases, as high-treason, you may
put in a plea in abatement of, but not a motion
to quash an indictment; 1 am sure it was
disallowed where I moved to quash an in-
dictment of murder, let them but show any
precedent of this nature.
Sir B. ShotDer. We will show you, though
this is the first case upon this act of parliament,
therefore to show any practice upon it would
be very hard to require of ns.
L. C. J. But can you show it before this
clause in this act of parliament ? whicb, as I
told you, is not for your advantage ; it does
not ^ve that liberty that you desire.
Sir B. Shower. All the clauses in this act
of parliament showed their intention was
this, that the sense of the law- makers was^
that we should have this liberty at any
time before evidence given, for it there lie
such words as showed they thought it
might be quashed at any time, though they
were mistaken in the practice, yet we shall
have the liberty that they intended us ; and
the wording of this act shows, that the parlia-
ment thought it might be done alter tlie trial
begun, before evidence given, because they
restrain us from taking those exceptions after
the evidence G^ven ; and it is no prejudice to
the king at all really, it is rather for the ad-
vantage of the prosecution, because there is
none of the evidence disclosed, and therefore
if the indictment should be found faulty, still
the evidence remains undiscovered upon ano-
ther indictment ; and 1 have often heard It
said at this bar in cases of indictments for fe-
lony or treason, as murder, or tlie like ; if any
one did come as amicus curiae and acquaint-
ed the court, that they were ^iiig to proceed
upon an erroneous record, or give an erroneous
judgment, or do any other erroneous act, he
ought to be received with kindness, because
he would prevent a wrong doing.
l&T]
8 WILLIAM UL
Trial qf Ambrose Rookwood^
[UB
L. C. J. Tliftt is ID the proper time, not to i or aoy such notorious crime, till after' the lad
interrupt the trial when thcjiiry is once sworn.
p Sir B, S/iOicer, We are rcaily to oflTer our ex-
ceptlons, and we ho|u: it is no preiudice at all to
the kin^;^ before the evidence of tuetact isf^iven.
Air. Fhipps. My lord, I perceive that this
clause, as they w oiild have it, is iutended to
prevent us from moving that in arrest of judge-
ment, which we could have moved l»efore, aud
ties us up to do it betbre evidence given ; now
I would fain know, if we could not before this
act move in arrest of judgment for mis-spel-
lingf, or false LsUin, or improper Latin.
^U. Cim, You mi^ht, no doubt of it.
Mr. Fhipps. They say we might ; why
then, if we could have a 'time to move it af>er i time, that then they should take their
the verdict, aud that lime is abridgeil hy the '. tion and no other time : The act has only Hi
act of parliament, which directs that it shall | a bound, that ihey shall not do it afterwurii |
but as to the particular time, it is left as it 1MI
determined.
L. C. J. No, we were always of that «|pi-
nion, never to allow motions to quash indict-
raents for perjury, murder, or any great of-
ience, but it must be moved in arrest of judfi
ment afterwards.
Mr. Cowper. My k>rd, these geatlciMi
seem to beg the question u|»on this ad of ysr
liament, as if it had apiiointed this lo be thi
time of making exceptions to the indictaMBLj
the act of parliament does not say yon ah4
make your exception immediately^ Mibre tiM
evidence given in open court, as if it had fumtk
ed out and directed to them that partieahi
be before evideuce given in open court, surr;
we may take any time befto'c the evidence
SVen, aud shall not be restrained further than
e letter of the law has restrained us ; for
this act was intended for the benefit of the sub-
ject, and ought to be construed as much in their
favour as the letter of it will permit.
Ml Cen. No doubt of it, it is to be done
before evidence given : but the question is, at
what time it must l>e l)cfore the evidence given,
whether it must not be at such time as by the
course of practice and usage of the law it
should ha\ e been done before ; if you will sa-
tisfy my lord and the court that ever such an
exception was taken, or an indictment quashed
between the swearing of the jury and the giving
the evidence, ye say something ; but 1 be-
lieve not one instance of tliat nature can lie
given, and therefore it is very irregular for
lem to do it.
L. C. J. They do not pretend to it, for aughl
I bear, for 1 would put tnem upon it, to show
ine whether they could do it before.
Sir B. Shou'tr, I do not question, my lord,
but it might be, with submission.
Mr. Conifers, Did you ever know it before
that any one undertotlk to inform the court as
amictu curids^ but it was to prevent a wrong
judgment ? And for that you have your pro-
per time either before plea pleaded by motion
to quash the indictment, or after \erdict to ar-
riist a judgment ; this act of parliament han
restrained you in particular instances that are
mentioned from doing it after verdict in arrest
of judgment; but having given you a copy
of the mdictment before you pleaded, ^ou have
had a pro|>er time to make these exceptions ;
and if you have laiiscd your time you come too
late to do it now, for sure nobody eicr made a
motion to quash an indictment atter issue join-
iBd, and the jury sworn.
Sol. Gen. My lord, I would only mention
one case, and that was of sir Richard Mausell,
upon an indictment of murder, for killing the
apothecary in llolborn ; I dicl myself move
to quash the indictment, because it was not
expressed in what year of the king the fact
was done: but the court was of opinion we
iould not move to ^ua^h an indictment for that.
before to the nyular course and method of piti
ceediiigs, which is before plea pleaded. <
Mr. Fhipps. My lord, they do not aDMNi
my objection ; it is, it seems, a restriction sf -|
liberty that we had before of moving in aili4
of judgment ; if so, we ought not to bo it>
strained further than we are by the words of Ikl
act of parliament, which say, before evidsM|
given, that is, at any time before evklenoegirMi
as well aiiev as betore plea pleaded.
Sir B. Shoicer. I would sak these gentls— j
whether the law-makers intend«l that m
should have no advantage of excepting agSBII
false spelling aud improper Latin ?
BIr. Conifers, Yes, they did, but that }«
should do in your profier time.
8ir B. Skotcer, Then the time for doiag 1
must be that whieh the wonls of the law i^i
before the evidence given in open court, SM
that is now.
Mr. Coni/er$. No, you might have come i
the day of arraignment, and have taken the ad
vantage of it then before you had pleaded.
L. C. J. Ye hare had my opmion whsft ]
think of it, my lords and brothers, I auppan
will tell you theirs.
L. C. J. Trebi/, My Lord Chief Justice hi
delivered his opinion' in this matter, and b
thinks fit that we slM>uld deliver oura. I thid
this motion of the prisoner's counsel to quad
this indictment after the jury sworn, is iii«
(j'ular and (juite out of season ; the intent I
tliis clause ui this act of parliament, certaiil
was not in favour of the prissoner ; it abridgsll
him of a liberty he hail la'fore, but gives Ui
nothing: for the law-makers did think tba;
had given the prisoner an extraordinary fovM
in the foregoing part of the act, in giving hii
a copy of tlie indictment five days^ before h
should plead, aud a copy of the pannel twodaj
before he should be trietl, and allowing hn
counsel : and all these advantages were I
enable him to auash the indictment, or fl
process returned, for the clause extends I
both ; the words are, ** That no indictment M
process or return thereupon, shall bcqumhi
on the motion of the prisoner or his counsel fi
mii-writing, mis-spelling, false or impinp
fit High Treoion.
ilm eareqitioD concerning' the same be
dJ made in the respective coart where
al shall be by the prisoner or his coun-
rami bcffire any eridencc £fi?en in open
lon siich indictment, norsiial) any such
Kin£r, &c. after conviction be any canse
ladgment :" Tlierefore they made this
tioary profision to restrain the pri-
n part, by this clanse; as much as to
have m advantage of the copy of the
9ity and you may make use of that to
by motion, if you think fit, as you ma^
I process* but it shall be * beforo evi-
ivcu.* It is true, those are the words,
osinir that term, viz. * quashing' such
eot or process, shows it must be done
a way and time as is proper for quash -
d the very words are, that it shall be
scion. Now we are to ex|H>nnd those
And 1 say, a motion to quash an in-
ty mast be' understood a motion in the
aeasoo, which I think is before plea
; hut at least before the jury is sworn.
iere three times when the prisoner
ia%e had the advantage of a fault in the
ait before this act. 1. By motion to
before plea pleade«l. 8. Then af^er-
I arrest of judgment : and 3. Af\er that
of error. Now this clause of this act
ray the privilege of moving in arrest of
Bt for mis-writing, &c. but saves the
ge upon a writ of error, and upon a
to quash the indictment. We are to
r what is a proper time for a motion to
■ indictment; the motion is to be made to
1 and to them alone. It is not to be made
ovrt and the jury. When the jury is
il application is to be made to the court
■g a jary prevent which they are to as-
tW trial and determination of the fact
I'bat use then is there of the jury, when
ie this motion, which consists only in
flaw? They mustbtand by and i>e*out
* all the while this motion is makiiij^ :
I n«>t reasonable, nor certainly ever was
d, that af\er a jnry is sworn to try a
nf fact, they should stand idle while you
Ihitt^ which you should have moved
they came to the bar: suppose you
DOW move some exception to tlie Venire,
trstnrn tliereupon, should we, when we
•V also have admitted the jury to be
quash the process whereby they are re-
f And yet we may as well do that as
For, Uie act provides in the very KSine
sofH-eming quashing process and indict*
But wIkd the jury is sviorn, and
o receive their evidence, sure, then it is
ill seamn to make such a motion ; there-
do not think the pariiament intended by
ia«e (which was a kiml of exception to
uar the prisoner received by having^ the
fthf! indictmeni) to institute a new me-
' proceeiliD|(s fur motions to quash in-
nls, even when a jury is at the bar and
!• try the issue, and there is nothing
ID ht prpcodad upooi but ODly to bear
A. D. 1696. [170
the evidence produced for the proof of that
issue, till the jury b dischargeii. But still
this I would say, this is a new case, and
upon a new statute. I am tmly of opinion,
that the motion is altogether unseasonable
and irregular, and it should have been
made before, and j^ou had a full oppor*
tunity to make it this day seven -nif^ht before
Elea pleaded, and you might likewise to day
efore the jury was sworn ; therefore when the
jury are now at the bar actually entered into,
and employed u|>on the service, the court
ought not to lie interrupted by such a motion.
Yet nevertheless 1 would propound this, that,
seeinj( it is a new case and uiK>n a new statute,
the court would forgive the irreg^nlarity, ^fur 1
think it does need forgivcn(.f)s) and if the king's
counsel will consent to it (to prevent any error
or any pretence of hardship u|k>u a new law)
that we should hear thf ir exceptions.
L. C. Baron. (Sir Edward Ward). This act
of parliament, as it has given a benefit to the
prisoner that he had not before, in allowing him
a copy of his indictment, in order to his making
exceptions ; so it has restrained him as to the
time of makin<^ those exceptions : that he should
have time, there is no doubt: the time limited
for it, as this act says, must be before evidence
given, because they th<iught it unreasonable that
there should be any qiiasinng of the indictment
after such time as*the king had given any evi-
dence whatsoever in the case ; for that would
be a discf ivory of the king's evidence, and great
inconveniences would ensue thereupon ; but
the questiim is at what time this is to be done ;
whether it may be at any time hefbre evidence
gfiven or no ; it did intend surely that the mo«
tion to quash the imliclniout and the exceptions
to it mi^rlit have their proper effect, and that
must be before the trial ; for it was not the in*
tent of the act to alter the metlio<l of proceed-
ings, and it is to no purpose af^er the jury is
sworn, for then their proper office is to deter-
mine the fact ; now if before this act of parlia-
ment it never was allowed to take any such ex-
ception as this after the jnry sworn, it will be
consistent with the words of the act of pariia-
ment, which are, * That it shall be done before
* evidence given*: if then it be in the regular
time for motions, which is before plea pleaded
or jury sworn, that is, before evidence given ;
for it is not said, as Mr. Cow per observed, that
it should be immediately before the evidence
given, I think sure such an exposition as was
Ibrmerly made ought to he made in this case,
the time not being precisely fixed by this act ;
if there were a certain time determined when
men should take their exceptions, as we know
it has been in practice before issue joined, then
af^er the jury is sworn it is an improper time
then, I think, to make such exceptions : I do
not suppose this act, as to the method of pro^
ceedings , than it was liefoi-e, but this ex-
ception ought to be taken before plea pleaded :
tmly it is a new act of parlinment, and this is so
far within the words of the act that it is before
evidence given, as the couiwel for the prisoner
171]
8 WILLIAM III.
Trial ^Amiroie Raohoaod^
[17J
say. If this can be governed and ruled by
proceediog^ and pracUce in former timtis in
cases not of feloay or treason, but oaly in cri-
minal cases : If nobody should suifer bv any
interpretation, I should think it oujjrht to bear a
conformable construction to what the practice
"Was before. 1 lake it you have lost the re^lar
time for makings your exception, and you iiifert
the whole method of proceedings u|>on trials :
for to what purpose is it to take exceptions to
quash the indictment when the jury are once
char^^d with it ? If it be an indictment that
ought to be quaslied, the jury ought not to lie
cliarged, 3'ou have had two times, and they are
both of them elapsed, for this matter, that is, at
the arraitjrnineut, and before the jury sworn;
yet I woiild propose it to the kind's counsel as
my lord chief justice of the common pleas
has done, it being a new case, that it sliould be
better considered of and agi-eed upon, that in
these cases we mav cro on upon a certain rule
that it may be established for all time to come.
Just Nevilr. 1 would begin with the pro-
posal, because, I believe, I may not he so clear
m my opinion, otherwise I must df^Iiver my
thoughts according to my judgment, but 1
ivould have tlie king's counsel consider of the
proposal.
Att, Gen, My lord, for us to consent to that
in such a case as this, where the court thinks it
not regular, would be pretty hard to desire of
us; if any thing of advantage should happen
on the other side, I verily think the counsel for
the prisoner will notl>e so ready to consent to
wave any such advantage, nor am I for asking
them to do it ; this clause goes only to some
faults in the indictment ; mis-spelhng, mis-
writing, false and improper Latin, that is all that
they are restrained from moving in arrest of
judgment ; any thing else, any uncertainty or
other matter, that is not compi-ehcnded under
these particulars, they may take advantage of
to move in sluy of jads;tnent at'ur u verdict ;
this clause does only abridge them from moving
in arrest of judgment for ums- writing, mis-spel-
ling, false or improper Latin ; therefore ii' your
lordship should think it reasonable we should
consent to let them in to make any exception
now, it must be confined to those particular ob-
jections of false and improper Latin, there can
be no colour to make the liberty larger, because
for any thing else thev are not restrained from
moving it in arrest of judgment, for there can
be no hardship in that case, as I think, they
have no reason to complain that there has been
in «ny other |mrt of the case; but for thase
particulars that there may he no complaiut of
nardship, if your lordship thinks it reasonable
we should consent, it may be we may be pre-
vailed upon to do it, though whatever hardship
does liap|)en it is their own fault, and the pri-
soner may thank his own counsel for that hard-
ship : if we assist them now to let them in, it
ouj^ht to be taken as « ff i*^' kindness ; and
truly, my lord, 1 am unwiiling to do any thing
that your lordship and the court should think
bard open the pnaoner. Certainly it ia the
ftult of their own oounael, now the law baa al
lowed the prisoner oonoadi, not to take tb
proper time, and parsue the naual piaihodi
and it is a strain beyond what ia iiraal, that w
must help theur faults by oar consent ; howeva
if the court think it reasonable, I shall not hi
against it, but then I am sure the court w|]
tiuce care they shall be confined to thoae parti
culars that are mentioned in the act.
X. C,J. No doubt of it: Therefora air Bai
thobmew Shower, are your exoeptiona for am
spelling, mis- writing, or false or impiepi
Latin f for if th^y he such things as yoo nun
move in arrest of judgment and hare thaiai
vantage, then there is no colour that we ibonh
break through all the rules of prooeedii^grl
admit such an irreguUir motion aa this.
Sir B. Shower. My lord, in the caae of lb
life of a man I will not take upon me to ag
what is mis-spelling, mis- writing, or fidie f|
improper I.Atin, or what is substantial ; .bol d
that I say is, I have five exceptions, ereiy ev
of them imports a doubt, as I take it, wortly
the consideration of the court, and some of ihgl
effectual enough to quash the indictmeni ; bri
for me, when a man's life is at stake, and J
partly depends upon me as his counsel, te ■■
what is pro|ier or improper Latin, or toadauH
to be matter of substance, and then to-monei
to have it come and told me, you should ban
moved this to-day, then I am sure they wmH
have reason to say, it was the fault of tbe pA
soner's counsel; for he would have dMH
very ill counsel, in me, I confess, if I abod
consent to put any such disadvantage apH
him. 1 beg the favour that I may have tbaJb
berty to propose my objections, which I thai
are worth considering of; it is for the adfl»
tage of the king for us to take our exoeptiw
all together, because, else, if any of them prM
material, the trouble of the trial will be hi
mispenceof time.
L. C. /. No, we cannot hear all yoor ob
jections, but those that are mentioned partiai
larly in the act of parliament ! for such as Ml
not mentioned in Uie clause, you have a pio
per time to move them in arrest of judgmeoL
Sir B. Shover. Then we will put tfaw
that are within the act.
AU, Gen. If we do any thing by way i
consent in this matter, we must insist upon il
that they lie confined to the particulars intb
Act ; we desire they may 0|>en their objeetiM
to the court, and if the court shall think thq
are properly under those heads, then they wa
consider ot them, if the court he ol* anothi
mind, then they must be reserved till the pie
per time.
L, C. J. Do you consent then, Mr. Attorn^
that they shall now take those ezceptiona tbo
are mentioned in theactof imrliament P
AtL Gen, If the court think it reaaonahl
upon those terms, 1 do.
Just. Fawys, Let them open them if yea
lordship please, and let us keep the power b
our own hauda to do aa our discretioni ihal
direct.
fir High Treason.
IVuty I do not know -n^kether we
thing in thb matter, 1 question
ler it be discretionary in os to
rh ell the common method of pro-
admit of such irregularities.
reby» 1 bate a great inclination to
lat we majr get rirl of these pre-
itions, which I am apt to think
Yened, disappoint the expectations
raised by this mentioning them in
t I have that opinion of the ability
lection of the counsel, that 1 be-
had had exceptions sufficient to
lictment, we should ha?e heard of
le more nroper than this now be-
rearin;; the jury and giving evi-
cro. But, possibly, the counsel
t to make an essay, and try what
•tit of ihis unusual expression in
Vo, DO, 1 know tliis is a piece of
oiirt is not well dealt with in it.
Treby, Indeed 1 am very willing
for that reason.
look apon it only as mere trick,
of art to take the opinion of the
trrr. My lord, it was my mistake
take it, if the act of parliament
otherwise, they woold have ex-
A. t>. 1696.
[174
oes the act of parliament give you
tVy and a greater than you had
It not deai^ to abrid^ you of a
oa had before ? Ortamly it never
t the court should admit of any
ceediugs.
f//. You should bare timed your
r ; for certainly now the jurr is
must give a verdict either ofac-
vietion ; and if you move to quash
nt, and your exceptions are ma-
ry cannot proceed ; you see what
motion has brought it to, 'tis cer-
fity irregular motion.
yehy. What judgment would you
ire? I would ask you that: if
on were moved before the jury
and it proved material, the proper
nv, that the indictment be quash-
r they are sworn, what judgment
re ? Must we not expect the vcr-
iry first upon the fact ? And must
e judgment upon your exception P
ouer. I know not whether your
r not give judgment first to quash
at, and then discharge the Jury.
Freby. And what if we do not find
sh it, then you will say, we must
he evidence, as we were going be-
rfering ? Are we to be doing two
ee? I am pretty certain you can
precedent for any like proceedings
it is confbuncung the offices of
i^"i7,
p$. If your lordships tried the va-
r exoeptioDii and nnd occasion to
quash the indictment, there wiH be no need of
a Jury. '
L. C. J. Upon the statute of Jeqfailes in a
civil cause, supi>ose at a trial at bar, it appears
u|>on the face of the declaradon, that there is
such a mistake as will be cured by the verdict;
bntifthe party had demurred, and shown it
for cause, it would have been fatal. Do you
think, when he has waved the benefit of de-
murrer and pleaded to issue, that you slialt
move this and help yourself by such a motbn^
becanse it will be helped ai^er a verdict ?
Sir B. Shower, It this act had been worded
as that Statute of Jerfaiiet is, it may be we
might not.
L, C. J. Wh}', it is not said, in the Statute
of Jeafailetf that it shall be good afler issue
joined, before the jury is charged or sworn,
but that it shall not be good afler the verdict.
Sir B. Shower, It is before the evidence
given.
L, C. J, Could he do so in any case before
this act, and does the act enlarge your libertyy
or abridge it?
L. C. J. Treln/, Sir Bartholomew Shower,
you iesist upon part of the words of the act of
parliament ; it suys, No indictment or process
shall be ouashed upon the motion of the pri-
soner or nis counsel, unless it be made before
any evidence, &c. Now, I suppose, the par-
liament use that expression, * upon the motion,*
in the same sense as it is useil in law, viz. for
such a one as should be in the time when mo-
tions for quashing the indictments are proper-
ly to be made ; now, when is that ? It is plain,
it was always before the jury come to the bar,
nay before the plea of the party. If that be
the proper time to make such a motion, then
that expression in this act of a * motion to quash
* the indictment* will very well help to con-
strue the other part of the clause that you in-
sist upon : For if the motion be made before
plea pleaded, it is certainly before the * evi-
* dencc civen* in your sense. And 1 conceive,
that under that expression [evidence givenj
which signifies the main part, the parliament
intended to comprehend the whole proceeding
to trial, beginning, if not from the pleading
Not Guilty, at least, from the Hwearing the
jury. « Before evidence given in court,' may
reasonably be expounded, * Before the prisoner
« hatli fully entered into that contestation of the
* fact, which is to be determined only' by evi-
dence in court. I attended the court of Ring's
Bench a long time, aiid I believe that 1 have
heard it said a hundred times, upon motions to
quash indictments of great or odious offences :
No, try it, says the Court, we will not quash it,
plead to it, let the fact he tried, ynu may then
move it in arrest of judgment. Those expres-
sions shewed that the pro|)er time for a motiea
to quash an indictment was before plea, though
they, in their discretion, would not grant a
motion to quash, in cases of such great offences.
But sure they did not think that when a jury
came to the bar, it was a tolerable time to move
to quash an indictment ; there was no expecta-
8 WILLIAM m.
176]
tioD of lieariDg of jiucb a motion then. And
certainly this clause which is made wholly
against the prisoner, sliould not be construed
to help him to sucli a new extraordinary and
absurd liberty.
Sir B. Shower, My lord, with submissioa,
that practice goes upon another reason, the
court would not quash it at ail u|)on a motion ;
this act of parliament supposes that you will
quash upon a motion at any time b^ore e? i-
dence gk?en : We never heard of a motion to
quash an indictment for felony or treason, bat
atill the court would always say, demur, or
plead, or move in arrest of judgment ; but by
this law it seems the sense of the parliament
was, that it mi^lit be quash t upon a motion.
Sol. Gen, 8ir B. Hhower is come to what I
said, that in truth there is no such thing as
quashing: an indictment for treason or felony,
as I mentioned in sir Rich. Mansel's case, and
I think the rule that was given in that case
will serve now in this case ; I am for consent-
ing, if they be kept i>itliin the limits of the act
of parliament ; but I must desire the opinion
of the court before we do consent.
L. C. J. Holt, Aye^ aye, Go on, brother
Nevile.
Just. Nevife, 1 must confess I cannot but
doubt, as this act is, there were two times that
tliey bad liberty of taking, these exceptions to
indictments; but indeed, in murder and treason
they were sehlom admitted, till they came to
move in arrest of judgment; but still there was
always a privilege, and a time given to the
prisoner, be the crime what it would, to take
that advantage which the law ^ave him, to
prevent judgment against him. Now I agree,
It is irregular and unseasonable to offer it now,
and quite different from all former practice;
you might have done it before now, the act
says expressly it must be done before evidence ;
but you might have taken advantage before tlie
jury was sworn, nay belbcs you had pleaded,
but you have lapsed your time. Yet truly,
notwithstanding y<>" ^^^'^ lapsed your time, I
cannot satisfy- myself to take away the liberty
that the law has given the prisoner sometime
or other, to except against the indictment. It
is plain that before this act, after verdict he
might have moved in arrest of judgment, now
he caunot do so ; whether the tault be in the
counsel 1 cannot tell, but the great prejudice is
to the person that is to be tried, who will now
be wholly precluded from making any advan-
tage of the exceptions be has to the indictment,
because by the act he cannot move in arrest of
judgment. This seems a strong implication
that the parliament intended he must hare some
time or other, but before evidence given, to
offer his exceptions. I say this only to those
particular things that are mentioned in the act,
mis-writing, mis snelling, false or improper
Latin ; as to these four particular things which
the party is barred from moving in arrest of
judgment, I cannot satisfy myself but that he
■hoald have one time or another to take thu
advaatago before tho c? idence giTOOi mud thera-
8
Trial ofAmirose Rookwoodf
fore I think he should haver it now : It ia
it is altogether irregular, the jury being ■
and it ought to have boen done before ;
hope if it bo admitted now, it u ill be witi
observation, that nobody wiiKever offer a.
time to come. An tbia case is before u
the act of parliament, which perhaps ma
led the counsel into that mistake, that it
be any time before evidence given, ■
they know the proper time, and the ■
method in other cases ; yet I doubt it
to put such a construction upon this acfe
sudden, ^uite to debar the prisoner of M
nefit of his exceptions to the indictmeoi.
Just. Powell. I have already dedaB
opinion, that the prisoner has had bis
time for making his exceptions, but
lapsed that time ; but 1 am not mfnm
motion iu a case of life, upon ao indiotnr
so great a crime as treason is ; and wb4
oonitequence is so great, if it may <wdsxs
the rules of law, and it be the sense^
court, and the king's counsel conaaat
them be heani, I submit to it, nay I
second or third that motion that they m
heard.
Just. Eyres, Truly I am of the warn
nion, 1 think we ought not to alter the ti
course of law by words of implication, b
any further than the act of parlianaent doc
press. The act appoints that a copy of d
dictment should be delivered to the prison
many days before, to enable him to mtl
exceptions, and therefore deprives him i
benefit of those exceptions af\er convid
arrest of judgment. 1 see no words in tl
of parliament that do alter the coarse of
ceedings as to this matter, from what it i
all civil and criminal causes before ; p
must take their advantage of excepting ii
proper time, but when it comes to issiM
next thing to be done is the trial ; and ti
must needs say the counsel are to blame
knew this so very well, that it' they bav<
advantage of excepting, they did not tak
advantage sooner, it is their fault ; but i
it is so, I am of opinion not to foreclose tfa
soner, as the case stands. I would be 1
of life, but at the same time I declare m;
nion upon this act of parliament as the r
my brothers have done, to prevent the obj
for the time to come ; yet seeing there i
misfortuue, and there would be auardshif
the prisoner by the default and neglect
counsel in the case of a man's life, I wo<
so tender as to indulge them to make the
jections now.
Mr. Baron Powyt. I am of the same •;
the prisoner has lapsed his time, for 1 1
this clause of this act of parliament haa.D
tered the common course of proceedings j
I take it, it signifies very little in this ca»
certainly it was intended to disable the pri
and not enable him at all ; and theielb
the case is, I think it very irregular an
practic^le to introduce so great a noTol
to admit the motion forqaashing thai
in] Jbr High Treason*
■«i,«bnithejiii]r k twoni, and when the
Ad iitke ooljr angle pomt to be detemiiaed,
iiri trciT tUnpebe ooj^ in legal course to
raatbm or after, but for us to contbund
MM, «• lime for pleading, another time for
lriil,a<iMlber for arrett of judgment, all at
eaee, arftihtTe a jury attending merely to
hnr cMMd tt the bar moot points of law,
«hiih iri[k be determined either before or
rfbr Attml, iiw very irregular, that it really
jgaihuM Mtbing but confusion, which courUi
tfjriiBeNgluto avoid aboTe all things, and
e^kliheep to the proper seasons that the
kvibai. Therefore, truly, I think in strict-
Mitf hv we oi^bt not to allow it ; but it be-
i^iiiCMof life, and it being a new case
9im I Mw Id of parliament, if the kind's
otmI llub fit to consent, I shall be for it ;
Vh^ I tkmk io strictness of law we cannot
iU,Ga. My lord, I am Tery unwilling to
^Ae pnNMf any advantage that he might
fcwirity thiv act of parliament, though his
•MiHafcilipt the proper time; if sir Bar-
Mkv Shower will say bis exceptions are
H Mf sf the four particular heads mentioned
■*■ Awe of the act of parliament, for we
■■oifiDctheni to that, then we do consent
Atf he Aoold make them now.
^C/. Truly, Mr. Attorney, if you do
^MM that they take their exceptions now,
na^csonler of it whether it can be ; hut I
**^*g fco* we could admit them to that li-
[i****' ^''^ ^^ *^®™ ^ •"y i\img ma-
JiWy Diy nMve it in arrest oV judgment.
,Jf^^^, And I believe tliey won't say
» ^jWiuuj are ip slight, as to be only
■^■fcrm ; they say they are substantial,
"**iyeor lordship will hear them in a
^^fiwfr. I do hot know whether I am
**Miiithelaw, I am sure you are mis-
fen ■ ike indictment.
_f ^'- J- H ell, do you eonsent to let them
Hitfcdroijections, as to those four heads in
■iflefjiafliameijl?
da. GfR. ^'es, mjr lonl ; if it be any niat-
kifrjbstaoce, that is out of the case at pre-
^ ^ the provision of the act of parlianicut
^*!y ^ mere matter of form, and I should
**i^ uowilling-in auy point that is material,
^■■k a prtfoedeot iu such a case as this.
^C/. 1 confess if you bad consented far-
"^iHoooiknow bow we should hare ad-
I^C. J. Trek^. I tell vou how I thought it
Wtbednoe ; you might have committed an
*|khniy, for ii>liich in a case of life, and
2*'Mw law, i believe aud hope we should
"•k«« forgiven.
^C J. Well, for my |iart I will not com-
''"■rimgubuity upon any account whatso-
^1 1 cannot see how by law thev can take
ygyionsto the indirtment ; Mr. Attorney
"Jl'BKnmli and '^' h« <K^* I ^ink it could
rH nleasbe did also csonaent to discharge
*!J*7i bat I ne they will Dot ofitr any ob-
VOLXIIL
A. D. 1696. [178
jections according to your consent, Mr. Attor-
ney, and therefore pray go on to open the evi-
dence.
Att. Gen. May it please your lonlship, and
vou gentlemen ot the jury, the prisoner at the
bar. Ambrose Rookwood, stands indicted for
liigh»treason,yin compassing and ima(riningthe
death of his majesty. Gentlemen, the overt-
acts that are laid in the indictment to prove this
treason, are ; that he, ton^cther with divera
others, had frequent meetings and consultations
in order to assassinating his majesty's royal
person, and did provide horses and arms for
that purpose.
Gentlemen, the evidence that you will hear,
to prove these facts that are thus laid, will be
of this nature ; you will hear by the witness,
that there has been for some years a design
carried on to murder the king's person ; that
bhis was discoursed of, nnd several debates and
consultations were had about it the last year,
some thne before the king went to FlanOera ;
there was several meetings, where were sir
William Parkyns, captain Porter, and Chjir-
nock that was executed, and several others,
and there they did consider in what way to
take off tlie king at that time ; and you will
hear they did expect a commission to authorize
it from the late kin^ James ; but then the com-
mission did not come, they had not any such
at that time ; but they did tlunk dt to not it in
execution without any such order and autho-
rity, and therefore they endeavoured to have
got a vessel to have carried them off afUr they
had executed this bloody conspiracy ; hut it
happened his majesty went to Flanders sooner
than they thought, and they could not provide
themselves of a security fbr*n retreat, aud so at
that time the design was laid aside.
Hut, gv-ntleinen, you will hear this conspi-
racy was renewed, a*nd Ki:t on loot this %vinter ;
and in order to the accouiplishmcnt of it you
I will hear, that almut Christmas la^t there wertt
several persons sent from France hy the late
king James, on purpose to put this horrible
desicfn in execution. Sir George Harcley was
to be at the head of it ; he was a lieutenant in
one of the late king Jauies's troops of guards
in France, he wos sent over with a ci>mmission,
and Mr. Hmiktvond, tlip prisoner at the bar,
was a brigadier in the guards there ; these
came over, and several oilier troopers of the
late king James's guartl)«, by two or three at a
time, that they mii^ht iiol lie observed; parti-
cularly you will hear, that when sir George
liarcley was roine over, s<*vcral troopers were
sent hy king James hini*^elf to come to him at
St. Gernmins : and there he told them he had a
piece of service for ihcni to do in Kusrland, and
that they should obser\e sir George llarcley'a
orders and directions. !\|ore particularly there
was one Harn« aud Hiire, two troupers in the
guards, were sent lor by the late king Jamea
into the late queen's bed-chamber at St. Ger-
mains, where colonel Parker was present;
they were told by the late king, he was sen^
sible they had lervti) hiin t'aithtnlly, and he
1T9J
8 lAlLLIAM lU.
Trial ^Ambnte Ronkxaai,
[M
woold advizioe tbeni, aod he had now a pieee
of fervioe for them to do, which woolJ enable
him to do h. He told them they must go
orer intu Engiaod, and be sore to obej sir
Geor^ Barclev's directions ; and the¥ were
ordered tu enjearour to find out sir George
Barcley when they came into England ; and
were told by him, that they would meet wa
Geor{;e Barcley twice a week in Covent-
garden- square, m the ercnine. and the token
by which they should know him was, he
w'ould wear a 'white handkerchief out of his
pocket; this they were toM by the late king,
when h^ sent them upon this errand. Cokmel
Parker wai* by at the same time, and beioff
there, be was' ordered to go to Mr. Carol,
secretary to the late queen, who had order to
famish them with monev to bear the charges
of their j«fiimey into England ; and if they
were detained by contrar}- winds, thev bad
letters of recomin»riidaiion'to Monsi<nir Lsioar
the French king*!-: president at Calais, to
furnish them with money to bear their charges
orer into England ; and aocordinsfly they went :
bat being detained at C&lai.^ fur w'ant oV wiuil,
they were fumishe-d Hy the French president :
ancl by the beginning of February tliey came
over, '
But I omitted one tiling, trt'ntlemen: Be-
fore they came over, the late king when they
were wit'h him took a list nut of his ptx;ket of
names, and told these two. Harris nnd Hare,
what names they should go by in England ;
Harris was to go by the name of Jcckins. and
Hare by the uame uf (jiiiny ; and accordingiy
the%' came over in a boat, and landed in Kent ;
and when they came lotuwn. they endraTnuml
to find out sir Gcurge Barciev : The first time
I thiok thev did not tind him ; hut tLe sciond
time tlipy i\A find him ; an'1 he «a>uted them,
and told them he was g)ad tri S4:e them come
over, and he would fui'Dt^h them wi:h money ;
and he sent major ilnlnu-s tu tl.nii ; aud ac-
cording he d:J come , and gitc tiiriii subsis-
tence-money.
Now, geiitlemcn, ynu will hear that Mr
George Barcley being cuiue uvLt with these
troopers, and many others, to the number of
sixteen, that at several times were sent upon
this conspiracy ; I say. after they were come.
sir Geursfe Barcley had frequent meetings and
oonsuluuons with several other persons that
were to be engaged in the same design ; and
they met at several places, sometimes at cap-
tain Forter's, sometimes at the Nag*s-head in
Covent- garden, at anothir time at ibc: Sun
tavern in the Strand ; and \ ou w ill find by
the evidence, that the prisoner at the bar, Mr.
Hook wood, was present at most of those meet-
ings ; and there they did consult of the best
ways and methods for puuing this conspiracy
in execution; sometimes they thought of doing
it by an ambush laid on the other side of the
water, by persons ou foot, io a little wood thoe
Dcar RicbnMNid, whtfe the king was to pan
goards. This wi
another proposal to do it'eoAiindetheivale
and therefore to settle the matter ooeaft
ooospiratora. King, waa aentto view thegrM
oo the other side af the water; aod be i
gkKy that be had feand a very proper plai
and tbought il a Tcrr ooDTcnient lacikod ; I
vet they ware nat'aU satisfied ; and at t
SagVbead-tafcni in Caveot-gardca thcji
debate the matter again, aad it was WDlfed
have the gnmnd Tiewed again; Hid Fort
and Kjugfatlcy, aod King thai was eaacHh
went to vievrthe ground od both adea t
water, to see which was the most eonvnii
place ; this was about the 12th of Fetal
they did take an account of the most eoM
nient pbees on either side ; and when thej I
ilone it, they came back in the erening to fi
an account what they had done, to aaiv
others of the conspirators who met far tl
purpose; and I think the priaoncr atlbab
3Ir. Rook wood, was present there at thia dm
ing ; and you will hear, the place agreed ay
was the lane that l^«ds from Tamham^giiM
Brentfurd ; that they thought the moal «
venient ptace, becan^ there were several ii
iu aad about Tumham-grreo and Brealii
where they might place their men by twa
three in an inn, that they might not be In
to obf ervation : This was the place tbMH
appro\'ed of.
Then next, the manner of doing it waitB
considered and adjusted, and that wai ta
that the whole number should be divided
three parties ; one psny to be commaadn
sir Gf o*^e Bardev to attack the coach aaft
the king and all tliat were in it, while aH
same time the two other parties, to be ^
manded by captain Porter, and Mr. Rook*-
the prisoner at the bar, were to set
guards ; and ih*; time agreed upon to _
execution was the 15ih of February oa
day. that being the usual day the* king
to Richmond a-hunt:n?; and you wiU
that on Saturday morning they met in si
parties, not all together, hot under the
heads nf the parties, in order to be
the kio^ had gone out that morning, to
assassinated him.
Gentlemen, I say, \ou will hear of e^
meetings that d^ty ;' tliere was one meets J
>lr. C'haruock*s, where were present
Purter. sir William Parky ns, and several ocJ
and another meeting vou will hear of, w^
the jirisorier at the fiar was present, ^
lodgings of oue i'uuuter. another of
James*s friends, that came over for thi^
pose ; and there was sir George Barcley' v
there was the prisoner at the bar ; and ^
that were to be under sir Geoige's ooKaH
met that Saturday moming, in order to ^
ready, in case tlie king liad gone abiug*
have attacked him : you will 'find by tla«
dcnoe, that the prisoner was there; aadfY*
that was one of the troopers sent over ^
Fianoc, was tent for, and came in and i^
thaabagicathany; for Harrii was ii0^
fir High Treason*
\ Willi ibe immediate
^1^ die king ; but (inding
be ftsked tbem what
ftlicy tubl Uiiii tbev vere
Bdiaidv upon ihe dvsigfn,
I asked wbal it was ; mid
tliey were to go to nitack
_ i to awMstuate hiui ; anil
prisoner nl the bair told hitit| it'
> Coutiier, tie sbiiuhl bairc par-
L 111 *l ructions from bim what
Harris wertt to Cuiinter ;
burse, and Hare's borse
were; mid Ibeir borsca
ID Sofheraet- bouse, by
lile tbere» recoromen*ted by
of my lanl Fevcrflhaiii'a ser-
to tuLe c^re of tb^iti, and of
re that were placed tbere;
consul ratort bon«8 by tbe
kof Mr.Lewta were lodgred in
l*liouae, and looked ntler
ain's men; and tbithfr
Lliingnte were directed by
te fo f«T tbeir horset.
I kappened by ¥ei-y gtMHl providence}
I BAJifvty did not c^o abroad that day ;
B of tbe onlerly men ibat lodgefl
togi\e ititelligerice, came iVom
tbetn that tbe king- did
uiiig, M> tbere was liotbint;
Sftrria %vai told that be abould
r »l thai time, and take it away ;
time, till they were to go
I they were to ride out upon
' bad 0]iporturrity« to make
"viee ; or else it would be tboug-lit
t ii\ at tbe time of the atiui^k,
up in gooit time aud order
if and il Hinitd be ttioii^bt
rin ttie rider; and accord iu^jy
laootber of those cnnipiraturii,
rris ajid Hare to ^merset- house
boraes, and tbey carried
( m 8ubo ; but for several jii|^bt«i
I kept at Horoertiet'houae.
^ fiad, fcntlemen, that Mr. Rook-
It priiuaf rat tlie bar, was concern ei I in
iMiitultaiioiui and meeting, in m»(k-
pnooQi for Ibe a^aaasination ^ tbey
Im 1 Mid, to do it on the ] 5tb of Fe-
t ^ that not taking^ effect at that dav%
UhlNd the Haturday following, Mr,
^^aii^otly 10 tbe company of Mr.
[^K)Mr. Lowirk,and otben«, inhere
t^Roui^c of Ibis ttjiflafliiinatioii, and
Itjltrik It 31 vrty barbarous thing ; but
« they would do it, ^br
y «ir f itorge Bftrcjey :
apr»-M«iy declared by Lowick and
ftl they bad diret^tions to obey
1 wbat be would hare them to
i: tbty tnubt and would obey
rcaidution, even u|miii
I of so bloody and
r, Gentlemtiif by tbe
A* D. 1696.
[I8S
evidence, that the next Saturday, being the
two-and twentieth of February, they rcsolf ed
to put it in exeeution again ; and accordingly
tbere was a meeting on tbe Friday before at
tbe Sun tavern, where were present sir George
Rarcley, JMr. Porter, ami others ; and there
Ibey did re^iobe upon it, though they had at
first some apprehension tbe tbin^* vVas dis*
covered ; but thry w^re soon satisfiud there
wiui uo fiiicb tbiug, because, they laid amoug*'
tbctuselves, thai if it had heeu so^ ibey should
have been taken up, and not have been per-
mitted to meet there : therefore they resolved
tbe next day to put it in execution ; and ac*
cordiogly they met at several places, and got
ready in the mornings in case the king had
^oue abroad. The prisoner met that morning
at Portcr'jj lodging, with several other trooperi,
to make ready tor the enlerprijsc : and there
tbe prisoner at tbe bar did, at that time, give a
list of ibe names ibat be was to command;
for he was to have one party of those that were
to attack the guards, ot whom Harris was one
and Hare wan another, and Richardi^on waa
another, and Blackburne was another^ and his
own name was chief; and be ordered Harris
to go and see to get them ready, for I hey must
go out that morning : accordingly Harris did go
and got them ready, and came back and gave
an account of it. His majealy did not g* abroad
that day as it happened very fortunately, by
reason of the bappy discovery ; so that newi
being brcnight back again, ihougb they had
made all things ready, those preparations were
put of^', and ihey did nothing that day ; and
quickly after the discovery was fully made, and
made public by tbe apprehension of the oon^
spirators*
Gentlemen, you will have this matter fully
proved to you by several witnesses, that I
think there can be no room to douhi the truth
of it thsit there was such a conspiracy, and
that the pri«;oner was as highly concerned in it
as those who sufPered the just punishment of
the law. We will call our witnesses to prove
this ; and 1 beliiive they will lie tibte to give yoii
an account <d' the whole affair luHter and mora
fully than 1 ckin do^ or can prttend to open it.
SoL GctK Call Mr. Harris and Mr. Porter.
Sir Ji, Sii(*ucr, Ue 0[>|K)se the swearing Mr.
Porter: I must beg the favour of the court to
hear us in it ; if my instructions be true, we in-
sist tipon it, that he is uol capable of being A
witness ; lie standi convicted of telony ; here we
have tbe record, and we desire it may tie readi
Copt. Porter. I know nothing of the niBtter^
that there is any such thing nUindingoul against
me.
H\T B. ShimeK Then sure we are mistaken
in the man. Pray let us heur it read.
C/. o/Ar. (Reads the Record.) This i« an
indictment of murder ugain^t George Porter,
for the killing of sir Jamts Hackel, knigbt.
Att. Gen. Do you know any tliiiig oflbiS|
Mr. Porter ?
Forter. I came off with tnanBlaughter» and
pleaded the king's pardon lo court.
8 WILLIAM III.
Gen, Pray read what was done
Here's the jury's verdict
Trial ofAmhroie Rookwoodt
V
upon it.
CL of the Crown,
" Uiiod praedictus Georgitis Porter est culpabilis
* de felooica iDterfectione pnedicti Jacobi
* Hacket, et bod culp.' as to ttie murder. Here
is a * Curia advisare yult,* aud I suppose there
was a pardon afterwards.
Just. FouelL Was he not burnt it the
band.
Porter. No ; I pleaded tlie king's pardon.
L. C. J. And there are iteveral acts of par-
don since.
Mr. Cowper. See the time when the indict-
ment was.
CL of Ar, It is the 8th of December, in the
S6tli year of king Charles the Sud.
Sir JB. Shower, We agree that he did plead
the king's pardon; ami then the case is no
more than this, a man is convicted of man-
slaughter, and the king pardons him, he still
remains unqualified to ue a witness ; we say,
this has been the case that has been much de-
bated in Westminster-Iiall, and upon debate it
has been resolved.
Just. Povell. It has been so, but always
against you.
Sir B, Shower, It was in the case of my lord
Castlemaine * at this bar ; one of my lords the
Judges went to the court of Common-Pleas to
ask their opinion, and these ^ases were put f
In case a man be outlaweil of felony and par-
doned ; in case a man be c(tnvicted ot felony and
had the benefit of his clergy ; and in case a
roan was convicted and not attainted, i)ut par-
doned upon the second case ; they were of opi-
nion, that the receiving the punishmeiit of
burning in the hand had purged the very guilt,
and did set liini upright by the statute of the
loth of queen EiizatMSth, thoy thought it did
operate to that pur|K)sr ; but in the case of a
pardon of a man attainted or convicted, it was
agreed he was not qualilicd to be a witnc&s ; and
Dangerfield, against whom the objection was
made, bnng burnt in the hand, was received to
be a witness; and it was only made use of
against him to take off his credit. I'be record
ot that case is in iliis court, and I looked upon
the print of Uic trinl this d:iy. Ue say, that
there is a case in 1 RrownloM- 47. a nrian at-
tainted of felon V cannot he of an inquest, though
pardoned ; and we think, he that cannot be a
juiyinan, sure caur.ot be a witness ; there is the
same exception to his being u witness as there is
in the case of :i jur^ man ; tor the oii<> ought to
appear as free, aud sluad as cltur and unsus-
pected, fn respect of his probity and verity, as
the other, as th** oiic is sworn to try and deter-
mine upon OhXli, so the other is sworn, and his
oath is to sway jti.d dclcnuinc the jury, and in
consequence it is atl one ; and upon these rea-
sons we hopr.' he is not a good witness.
X. C. J. Where is that case in Brownlow ?
Sir JB. SJioictr, It is i Bnmnlow 47. and
* See his Case in this Collection, vol
1867. t i^ vol. 7, p. 1098.
7,
then there is 11 H. i, 41. 3 Bubt 1S4. tl
mv lord Cook says, if a man be convicte
felony, and pankmed, he cannot be a iuryn
for though the punishment is pardoned,
guilt remains, so that he is not * proba
* legalis Homo ;' and every particular pe
has an interest in it, that they have free
clear persons to be jurymen and witnesses.
Mr. Fhipps, My lord, that is the distin
we go upon, which was taken in Danger^
case, U|)on tlie trial of my lord Castlema
where the whole court were of opinion, tb
Kardon from the king ouly* would not n
im a good witness ; but if ne were burnt in
hand, that by the statute of decimo octtm
zahetha, amounted to a statute pardon, am
him right to all intents and purposes : and '
thev did take notice of that book that sic
thoiomew Shower cited of 11 of Hen. A
a man attainted could not be a jurjr
though pardoned by tbe king : it was o%
be might be a witness ; but Mr. Justices*
said, it was the same reason if he be
for a juryman, he is not fit for a wituetaa
ought to be both * probi et legales Uc:»
thus the case stood there. And thsjifc
book of Bulstrode is the same ; it waaa
case of a prohibition for a Modus De^^
where the suggestion is to be provecS
witnesses, it Was objected he had not j^i
by two witnesses, because they were I
tainted of felony, and thontrh they «i^^
doned, yet that did not make them gf^v
nesses in the opinion of the court.
L. C. J. This is quite another case,
not come up to your point ; here is no ai^
and here is pardon upon pardon, by act ^
liament.
Mr. Phipps, As to that, we think the 0
luent pardon is out ot the case ; lor if iim
don from the king be a good panlon, XM
no guilt for the act of pardon to work upC^
Sir B. Shower. My lord, this we thiols
a g(K>d distinction as to that matter, a ma i
is actually pardoned tlie punishment bj
king's pardon, and afterwards an act of p»
comes and pardons all offences, that w^
does nothing, for he is not a subject of ptf
for he was discharged of his puuishmeut Ir
Alt. Gen. Sure these gentlemen are m
earnest when they make this objection.
Sir B. Shower, When the king has ones
doned him, he is not an offender witliii
meaning of the act of parliuiitenl, and t.
fore the act works nothing as to him, &
he stands as much disabled from being ■
ness, as lie was before.
3 usi. Pou'tll. In the case of CutingU
llobbard, there it is baid the pardon takes
*• tani Hfatum quam Pu:nam, &c.' An e
being brought for calling a ntan thief, ^i b<
been indicted for felony, and convictedi
pardoned, the court adjudged, that heoiigl
to be called so ; tor he was no thief, f»
pardon had u-ashe<l him entirely clean, ai
was discharged both of tbe guilt and pi2
ment) and ail the cooiequences ol it.
Jwt High Treamn.
I ibtt bav# be«o put are
I •! ill in Ibtt matter ; for where
^% fooiriction of mnnslnughter, and the
k 9«hloiifil, we think that pardon of the
^H a wiy oi* ditdi^rge at much ta
Aiu^ in tH« hand, I tnke it, it is the same
' l4i^ idmit, tlml will dlschari^e liim to
nil and Biirpo$f#« tind k» we think does
'HRwiiiallv; * t his clcr^-y, and
l>y way ot statute
\ -nian, I take it
.ise ; but even in
tto^it, I ,ir ^ I, ,h.*i «he purty coii-
*^ ifWr I uti prdooe<l him, 19
™Wfriinii ,. ^ jury ; bat sapposing"
>^taWiio, yctltierc are many caies u herein
i • ttifl mi V i; I :i V it II tjs , t h a 1 c*n not he a j 11 ry -
■•* ic credit «»t' such n ^vimess
I ii^« m it i« no objection agfainst
iii ba^ t 1p|JiI \i itncfis ; and it is a very
M^ iipiueni to m«f, that because he was
h fvMb tb kin^.iftliat shoutd hedetiden^
IikiliOTforr th# Hfi of panlon sihoutd have no
^- " r i» to &ay, that the king^'s
P^ 10 have nothing left fur the
p^Mn^or.ii.n to work upon, and certainly
■VilnD 10 nght» thai 10 all iulenu and pur-
f^kia it {rood u witnifiis as erer tie was ;
•i I •Tlhiii^ remained to Ijc done, the act of
pv^^^i hj« (lone itf and supplied the de*
m\ Ia Ifhink the king's pardon is sutlicicnt.
J^Cn*. My InnI, I supjwae, they do not
«tf<piit, js ifjiiikiniif there is any great
P^ a ii. l«iji orI V tor uhjecttoii fake ; but
2. Jj^*^** 001 Hi lb standing this objection
^ I, Ihey take this exception
1^/ L, for ihey bpeakto hii cre-
LCJ, Hf^* they except to his being a
*i (Jn, W'lo, your lordfUiii retnerobers a
■■te m before your loroahip not long
jj'^^^o Kislcr tcrni laai, when one wat
" " I bar for trenaoti, and Aaron Smith
a witness^ and the prisoner
li^am^' *'if»' •^'= f^" "/>od witness.
f btb*i| iii>* , and your
Jllje eon. . , .■ , L at the uct of
^■^Wreniiire hiai to all intents and pur-
tCnyin. lu the caap of the earl of Cai-
^^ii bub Ibe courts of Kinfj^'V bench and
*■■■• Plwui held Dangertield a legal wit-
•^ Ifcwfh biinifil 111 the liantl for felony,
■■•»i»dic opinion of Roll« : in Siiles re-
■•J((8, htnf thfti hatli been hununl in the
^ ^ Wooy, may tiiHwitlist:indlng he a
^^' SketPtr^ My lord; in answer to that
^^ wii pyt, titat after the king*s psirdon
■Mb ttoiy 1,^ , rlj^t was an
2*ii*» my biri - .... i cane, that
2^^ ** ffooAt lutd our notion that we
'JJJJfcr,!* good loo; he cannot be im-
'^'^^lafifuik iiDpoted to btmf when
A. D. 1696. [180
once tKe king has forgiven him, and yet that
may not restore him to U\^ entire credit, t» wa9
my lord chief justice ^»croggs' diMtnctiun iit
the cast; of Dan^erfield ; and as to the i^aeie of
AaroD 8milh, that was very di5*ereiil : the
reason in that CAse was, because the crime for
which Mr. Htnith waf; indicted, did not im-
port any such aciindalous oHence lor which his
ci^dit could be impeached.
L. C. J. No, no, we did out meddle with
that, wc went upon the pardon.
Sir B. Shower, But in that case« they did oot
insist U|»on it that he hud a pardon antecedent
to the Act of Pardon^ so that he was rnhjicium
capas^ tor the act to work upon, he was an of-
fender that needed a panlon ; wlipreas Mr, Por*
ter beiug pardoneil belbre, could not be an of*
fender neediiig a jiardon, and consequently not
withm the &^t words of the Act of Indemnily,
because he was pardoned by the ktog before;
but he was noi by that pardon, say we, re-
stored to his credit to make him a good wit-
ness« and the act of parliament did not affect
him, he being not su^^eci urn mAterUij as not
being an offender.
Mr. Phippt, As to Mr. Solicitor's case of
Aaron Smith, we agree the act of parliament
did restore him, because he ncrer ^ha par-
doned before by the king* so there remaineil an
oifence for the piirtiainent pardon Ut work upon.
L. C, J. Do you agree that, then you may
agree the otlier ; for the act of parliament par-
dons uoue but those that the king can [mrdoti
generally.
Mr- Pltipps, It is true^ my lord ; but we
say that an act of parliament pardon removes
tliose disabilities which the king's [lardon does
not ; for ef ery one is in law n party ti> an act
of j>iirl lament, and thereti'te un person shall
be permitted to a I ledge in diHahihty uf uoolher,
any crime which he hinisielf haih pardoned,
for that IK to aver against his own act ; but it
Is otherwifle in the case of ihc king's pardon.
L, C. J. Why the very par liniment pardon
comes from the king ; the king has a full
power of pardoning, and where lie does pardon
under tlie great seal, it has the full cfiVii i»f
the parliament pardon. A pardon, hetore at-
j tainder, prevents all corruplinn of blnod, so
that though a man forfeits his goods by cnn-
viciioo, yet alter a pardon he is cap.djtk^ of
having new goodn, and shall h<dd them v^iih*
out any forfeiliire whatsoever ; (or the paidon
restores hira to his lormer capacity « and pr^
vents any further forfeiture. ludeed, if lie
had been attainted, wh^-rcby h\s hUyiM\ ita^ 1 r^*
ruptetl, no pnrdon, whether it were by the kui^
or by the parliariieni, cimld purge' his Uund
without reversal of the attainder, by vtrit of
error, or act of pailiament, or «-\presu word«« 1 t
the act to restore blood; but either p.itd.i.,
makes him a new creature, giieshiiii kw^ i .
pacity, and makes hi 111 to all intvut<t »nd pur-
poses, frou» the time of the [lardon, tr> be ♦ pi*o.
* bus et legalia homn,* and a good iutne»fc.
Indeed this crime might be objected against
his credit ; but il ii not to be urged agiuusi
I
I
I
S WILLIAM ilL
Ihe sufficiency of hi^ evidenc^^ that is, his be-
ing a witness.^
Att, Gen. My lord, we tlcsire he may be
sworo* (Which was rioue.)
SoL Gen, Now, Mr. Porter, do you give my
lord and ibe jury an account what you know
of ihb intended assays inatioo^ how it came to
your knowledge, a ud what share the prisoner at
the bar had in it.
Forter. My lord, the first account that I had
of this assussuiation was tVom Mr, CharDock^
who brought to nie sir George Bare Icy and
major Holmes to my lodgfing in Norfolk. street,
where I waa sick of the g-out. Sir George
Barcley did not then parlicularly acimaint me
with the lusine^, hut said, he wouUi leave it to
Mr. Charoock to telJ me what it was.
L, C. J, \S lio told you 80 r
_ J*orier, Sir George Barcley ; and after that
ire had several meetings, at which the |»risoner
at the bar wm present, particularly at the
Olohe-tavern in llatton-Ganli'D, where it was
consulted of the best ways and means to as-
ias&inate the kiu]^^ as he cauie from Richmond :
s^')me were of opinion that it was best to be
done on the other :^dc of the walar ; olhei h
were of opinion that n sliouhl be done on this
side, by a party of mc^n on horsebiicit: upon
this dilTereuce of opminn, there were persorjs
apiiointed to go and view both places; I was
appointed lor one to go with captain KuighlleVi
and Mr, King went along with me, and we did
view tlie ground on both sides, and when we
came back, we gave an account to sir George
Barcley, and those that sent ua ; and upon our
report, sir George Bari^ley 's mind was chancned,
who was for the other side of the water before.
And he agreed to do k in the lane that leads
from Turn bam- Green to Brentford, After-
wards there was a meeting at the Globe-Ta-
vern in Hatton- Garden, and there it was agreed
thai the king should bf3 attacked on S^Lturd ny
the 151 h of February* by sir George Barcley
and hJH party ; and Mr* Rook wood, the pri-
soner ut the bjir, waii* to t'c»iamand a party of
men that came over from Prance, who were to
as^nli the guanlii on one sitk; and I and Mr,
Charnock were to set upon the guards on the
other side. Sir George Barcley, with four
men out of each psrtVt was to attack the king
in his coach, and to kill him and all that were
there in it.
Z. C. J, Who were at tliat meeting f
1*0 tier. There were sir G. Barcley, capt*
Chai-nock, sir Wm. Farkyns, myselt, major
Holmesj capt. Rocik\%ood, nod capt* King.
* As to ilie operntitm of the King's pardon in
giving credit, see Mr. Hargrave's very learn-
ed Discourse on the eflect of the King's Par-
doii of Perjury, as referred to at vol, 7, pp. 1032.
1090. 8t4f, too, Peake*s Law of Evidence, ch.
5, 8. 2, art. Witnesses restored to CrCiStt by
Pardon ; and in this ( -olleclion I he Cases of
Heading, vol 7, p. 295, of Collier, vol, 7, p.
1043 ; of lord Castkmaine^ vol. 7, p. 1067,
and <)f Crosby^ vol. 12, p. 1291,
■ andiifC
Trial of Ambrose Mookwaod^
i, C. X Where was thisP
Porter, At the Globc-Tavera in
Garden, upon Saturday morning the 16th,
having two orderly meu tliat lay at Kensi
to give intelligeuce, had notice brought us
that the king would go out; Durance,
was one of ihem, used tA» go every moi
court to get us what itjieihgence he coi
e;ir Geotg'e Barcley told me upon the
that he should give me an account a*
ever he coukl, the next ruorning; and
morning at my lodging in Little Hyder
in St. James*s, he came to me, and
the advance guards were gone out, and
king's kitchen was gone, and all was pi
for the king's going abroad, and tUeje wtot
great many noblemen and gentlemeu «*bi
back wiih bim> and therefore he thought
would be DO opportunity of eflectingtbe
8aid L that's no objection at all, nor i
son for putting it off, because when the
over, all the company goes away, and
comes only in his coach ^rtth tlie gua
said, he would give sir George Barcley
count of it, jiud he came back with sir "
Barcley and Mr. Hfjokwood to my
and upon repeating that objection, and
giving the sarue answer, it was agr«e«l
kittg had gone out that day to have
design in execution.
Alt. Gen, Was the priaouer ot tlie
at that time when that was agreed UfHUil
Porter. Yes, he was.
i. C. X Where do you say was
ing.*
Porter, At my lodging in Little Rid
L* C X Haxl you that discourse with
George Barcley in the presence of the
soner ?
Porttr. Yes; sir George said, he di
wc could not do it, becauie there would go
many with the king, but I objected against
that after the sport was over, all the eomi
went away, and the king came t>sck in
coach : then it was ai^recd to gu on ; thi
sir George Barcley, l>nrdnce, and the
at the bar, and myself in the room.
L. C. X This yoii say was Saturday tl
16lh, in the morning i*
Porter, Yes, my lord ; but I cannot say
saw the prisoner at the bar at any tneetii
af>cr that.
An. Gen, Pray, tell my lord and the j
what method ]^ou*were to take in putting
design in execution.
Porter. There were to be so many ho
armed and prepared for that purpose.
George Barcley told me^ we should be
40 or 45 horsemen, and they were to be dividi
into two |>anie$, and sir George Barcley *•
to have four meu out of each pariv, a'ltd
business was to attack the king, and all
were with him in the coach. Captain Roob
wood WAS to command those that were coi
out of France to serve under sir George Biri
cley, and captain Cliamock and I were to
mahd the other party, and both parties were
w
nfMin the guards at the same time that 91 r
Qtar^ Bifcrctcy attacks tl Uie kioij^s coach.
Ail* Crn. If the prisoner Ts^il! ask him any
liir i . Pray, captain Porter, wlicti
itrat meet nig' at tlie Glotie-Tavern ?
^rnHer^ If was otie day in the h i^«^k before
Skomtr, Was Mr, Rook wood, the pri-
t die bir, there that day?
r Ye«, he wiis.
SAtm^^r* How loo^ before the 15lh?
IWf«r. One day that week, boi I canuot tell
Sf E> S^iMPer, He says it was agrcf (I so^
amim I desire to know whal words Mr, Itook-
voad stlefeil at that time P
nrf«r. It was discoursed by every one
9om4, wbtHi wai the heuX vtay and methniL
Mr. Rook wood say, indef^d^ he he-
\ it a Tery desperate tiling, and he wa« not
wmj wilUn^ to engag:e iti it ; hut when nir
Itaipe Bareley told htm lie should command
In^pBtTt tie repliefi io French
£1 Gm What is the meatiing of that?
^^ter. Tbere is an end of it.
Ah. Gen. Vou say the prisoner was at your
M^iii^ Saturday the 15th, in the morniog^,
VImI diioatirfte bad you there f
Pcrtir, He waa theri? upon Saturday in the
|, the 15tti of Pebrnary, and Durence
I account titat the kiug-'s Hrst §;uards
««e ^w»c^ and the king's kiicUen was ^one
Miirt.aod it was expected tliat the king would
|0 ibMl eleven a clock ; bitt it was <^aid, that
ONffWefe a great uiany preparin^f lo gfo with
kiiin,iiiAtlierefore it would not be convenient
W4i»il^t day : Haid I, that is no objection
it ill, fMT the nubility and gentry g*o out of tiie
Mimnma as the sport is orer, and the king
wti m ^ with a few (leople lo Mr.
PttHichmondf and therefore it might he
ii««fl done at that time as any timet Du*
rucrtiiade that objection at fir^'t himself; and
«Wfi I uiede him that answer, he went to sir
^ I Barcley, am! he came hack with sir
ga Barcley, and the prisoner was tbere by
liktlletame time, and sir George Barcley madtf
I liw iame objection ; it was at my lodcring in
IliitJe Hyder- street, and when ! told them my
••an aj^aiDit the objection, as I had done
•lirr, they all n^^reed to do it that day.
Mr. Phipps. lit that second meeiinfj, did
I llr. limikwotjcl make any proposal there ?
I F$rl€r. I only say , he came with sir Georije
Bfenley, tnd w*bat*l heard; 1 tell you sir
Qmge Barcley made that objection, and I
I five il tbat answer.
Mr. Bhippt, But what did he nny?
h/tUr, J cannot say that I Jieartl Mr. Rook-
■Md w^f any thin£^ in particular ; hut tfaey all
fRed to do the thing that day.
^ B, Skomtr, You remember nothing that
PW-I^, Sir Oeof^e Barcley said» we will
f> ind prqure; uid be went away with
I
[190
81 r B. Shimfrr. Pray, when did sir Geor^
Barcley come into Etitjland ?
Porter, Truly J Hir, 1 don't know that ; the
tjrst lime that I saw him after he came, Mr.
Char nock broug-ht him to my lodging" tn Nor-
folk-street J but before that, Mr. Chumock told
me he was come into Eii£(land»
L, C, J. Hark you, Mr, Porter, when you
came back from viewingf the ground before tlie
Rrst Saturday, and you said you made your
report, and then it was a^eed that it should be
done at such a place ; do you say the prisioner
was there ?
Att. Gen, No, my lord, he does not say so.
Do you say Mr. Rook wood was there at that
time? — Porter, No, my lord, I do not say so.
Sir B. Shower, I am sure he did not say so
befoR* ; and besides, your lordship will observe
there ia no «iuch overt-act aa that laid in the
indictment atjainst ihe prisoner, that Mr, Porter
made his report upon the view i that only con-
cerns Mr. Knightley,
L. C. J. No, that is not an overt-act, I agree
it^ but I only ask the question, whether the
prisorKT wut there ?
L. C. J. Trehtf. If it were an overt- act laid
in the indict raeot, it would not aflfect the \in*
soner, because the viewing of the ground, and
making the report, is captuip Porter's act, and
il must be the consulting and debating after-
wards that must affect the prisoner, if he be
coDcemed.
Mr. Cofiyers, The meetings and consulta-
tions that are laid in the iudictoient are tho
overt-ociK.
SoL Gen, Well, if they have done with cap-
tain porter, we desire Jllr. George Harris may
be ftworn.
Sir M. Shmt'tr, My lord, we beg leave l<x
oppose Mr, Harris's being sworn ; here was a
proclamation that did take notice of this bar-
barous conspiracy to assassinate the king, and
ihe proclamation did signify, Thai the king
had received information of several persons
concerned in that conspiracy ; and for the
encourageiupnt of tJiking those so accused, he
did promise a tliousrand pounds reward for the
taking of any of the c^nspli-ators ; and in the
conclusion of the proclamation there b a
clause, ' That if any of the conspirators should
* discover or apprehend any of thi* other per-
*■ sons that were therein named, so as thai they
* should be brought to condign punishment,
* such conspirator so discovering should re-
* ceive a thousand pounds rewanf for any of
* the other persons apprehended, and his own
* pardon,' My lonl^ we have a witness here
ready to prove thai this was I^lr. Harris*©
case ; he was himself in the proclamation, he
did actually discover Mr; Rookwood, the pri*
soner ut the bar, and was instrumental in the
taking of him; and consequently U|?on this
clause of the proclamation, if lie he brought to
justice, then is Mr. Harris intitled to this
reward and his pardon ; and conse(}uently he
has such an interest and advantage to himself
as will prevent his being a witaofis. ll\sVt^
191]
a WILLIAM III,
I
iii(teri], ii'liere it U at the kitt^*s suit^ in ft ea-
ItiUl rase, it iit |tretty hard to say I bat a mao
I3« un iiiiervt<i ; liut we tbink, as this c^se is
circumstiMitiated ujioti ttiis |M'iicUiTiation, that
the same ohje^tiou lieit atj^aiiisl him tta wmild
4o if this were it ti%il cans** j if we shew how
lie is to have an advanliige hy the event of this
cause, then he is iml to be udmltied a witness.
L> C, X Did he appveheDd any btidy upon
the pru€ lam alio u ?
8ir B. Skoner. Yes ; he apprehended Mr.
Rookn ooil himself, or was the cause of tt, and
thereby is intitled to the reward aud bis
pardon.
Mr. Phippt, That upon which we f^und
our objection is tbe ditfercnl penning of the
pioclamution ; for if any one that is not a
conspirator do but ilbcovtr and apprehend any
of the persons nsined in the prndaniation, he
lA intitled to the thousand pounds; but the
conspirators them selves must go funher ; for
a bare discovtrj and apprehending any of their
ac4;omp1iie}i will not entitle tbt m to the reward
nteniioned in the proclamation, but they must
discov€'r and appretuMid their acuomphces so
as they be bronjfbt to justice, before they can
be eutitled to the reward ; And to be brought
to justice for any crime, is in common under*
ctandin^ to be brongfht to such puuishment aa
the I'*w inflicts for the offence. Now, Mr,
Hanriir^i case is this: He discovercti Mr.
Rooiwoody antl went with the gnartis to tfje
Compter and seized l^im : And if Mr. Hook-
wood iMJo't conTicted, Mr. Harris U not to
bave any thiu^ for his pains; but if he he con>
Tjcicd, Mr. Harris is in titled to the thousand
Dounds and biti jmidon. Aud therefore^ surely,
Mr Harris cannot be admitted nn evidence
ftguiDSt ^ir. Ltookwood, since lie is to receive
CO jfreai a benefit by his conviction. Upon an
iodirtmeiu for an usurious contract, the person
trhofie deed it is ciinnot he a witness, because it
is to avoid his own act: So in an indictment
for perjury, on the stat, 5 Eliz. the party in-
jured by the perjurv cannot be a witness, be-
came \ie is to have lialf the forfeitures.
Ait, Gen. I suppose ihey will make out
their objection before they expect an answer
from us,
Sir B, ShoTser. I hope your lordsliip will
not put us to prove a copy of the procUiniaiion
from the iurolment, but that we may have the
imme tiivonr as in the case ot the statute book,
that the print of it may be ftUowed for
evidence.
AtL Gen. My lnr<J, we witl not stand with
them for tljai, we know the^r are mistaken
ttuoughout, we consent the procianiatlon
should be read.
CL QjArr. reads :
• By the King a Proclamation,
* William J?,
* Whereas bis majesty hi8 received infor-
« mation upon oath, that the persons herein
* after named havCj with divers other wicked
« mad Inutoious penoaS| catered ioto « horrid
Trial ofAfnbrose EooJcmood^
' and detestable conspiracy to Msainnaie i
*• murder his majesty's sacred pert<Wi tor wfa
* caus»e several warrants for high treMoti f
* been issued out a^iost them, bttt ihey '
* wittulrti^vu themselves from their i
* plucf's of abode, aud are fled frtjm juitiq
^ His majesty has therefore thouj^ht fit, by
^ advice of his privy council, to issue bU i
* proclamution, and his raaiesty dotU
* command and require all his loving su'
' discover, take, and apprehend James i
*^ Berwick, sir George Bardey, major Lou
« George Porter, capl, 8tow, capt, Wi'"
■ capt. James Courtney, lieutenant Sfa
* Brice Blair, Dinanl,
* bers,- Boise, George Higgins^ ftndl
*■ two brotheri^, sons to sir Thomas
* Davis Cardell, — G«
• Cramburne, Keyes, !
* gross alias Pendergrass, •
* ^ Trevor, sir George Maxwell,
' Durance, a Fl em mi ng, Christopher Kniek
' lieutenant King, — Holmes, sir \\i"
* Parkvns, — ^-^ RcM^kwood, where
* may be found, and to carry them
* next justice of peace or chief ma
* who 19 hereby reouired to commit ^
* the next ^a<4, there to remain uoliU
* thence delivered by due course of law^
* his majesty doth hereby require the i
* tice, or other magistrate, imme<liately to{
* notice thereof to him or his privy
* And for the prevention of the goiag
* said persons, or of any other, into Ir
* other parts beyond the seas, his maje
* require and command all his office
*■ customs, and other hi« officers and i
' of and JR tlie respective courts and 1
* towns and places within his kingdom i
* land, dominion of Walts, and town of
* wick upon Tweed, that tbey and eve
' them, in their respective stations and pla
* be careful and dihgeni in the examinah
* all persons who shall pass or endcavoarJ
^ pass beyond the seas, and that tbey do^
* permit any person whatsoever to go latv V
* land, or other places beyond tbe i
^ out a pass under his majesty^s royal sign I
* Dual until further order. And if tbe^ '
« diL^corer the said persons above-naq
* any of them, then to cause them to hmi
* bended and secured, and to give
*■ aforesaid. Anil bis majesty does
' publish and declare to all pei-sons wbd
♦conceal the persons above-named, oraovj
* them*, or lie aiding and assisting in the c
*■ iug of them, or turthcriog their escap
* tbey shall be proceeded against, for so
* offence, with the utmost severity, ac
* to law. And Ibr the encourag'emeot of j
^ persons to be diligent and careful in
* vouring to discover and apprehend tbe
* persons, we do hereby further declare,
* whosoever shall discover and apprehend
*• persons above- named, or any of them,
■ shall bring them before some justice of pea
* or chief magititrate, as aibrcsaid, aball U)
4
19S]
J^ High Trautnu
• wd ttouK n • vemird the auni of one thoa-
• md pood ; which w4 eun of one thoatftiid
• MM, the Ms oommiMioiiers of his ma-
•jtf^'i liuiwiy era herebj reqiiirtd end di-
• mad 10 Mf aoooftltiigly . AikI if any of the
•faNHewve-BUiied shall discover and ap-
*fgkainj of their aecoinplires, so as they
•mj be braigk to justiee, his majesty doas
*mij Mve, that every person makinip
•Mh ^tcttfaj shall have his majesty's
^fmm pudoB for his offeoce, aad shall re-
* CM the reward of ooe thousand pound, to
■hnTcd in inch maDiier as afonsaid.
'wn at Mir court at Kensington, the 93d
*AvefFebni87, 1695-6, in the eighth year
■viwragB. God save rns. King.'
1k,Fhifp9, My k>rd, the different penning
tflbcdMniiiiot only in that proclamation,
hi it if dw language of every proclamation
ttiibat^eoat for the apprehending any of
■afSiiiiiialuii.
itti ues. Mj lord, all that we say in an-
Mlillija obtfction, is, That Mr. fiarris is
■tiBBd IB toit proclamation.
IC J. What say yoii to that, sir Bartho-
Imm^nmtf He ii not named in the pro-
*"*"■/ aad an if he hath discovered and
^pihaM the prisoner, he has earned his
■■ey,wWther he be convicted or not, beoause
■^■"iPi Dane is in the proclamation, tho'
liiiBML
Jk,Hifft. Then, my lord, with hnmble
^■Mi here is another proclamation where-
■^•■■•■ed; we desire that may be read.
fcLtto. Aod when it is read, it will be as
■*J*fW purpow as the other.
J^^yca. Let them read what they please,
MBhi^Bothing at all to it.
^kA Certainly, upon this proclamation
■■■■•ijection; for he is intitled to his
jiy iheadj, though iUwkwood be never
SkPkipi. But is he not by this proclamu-
ii^ wlirh mentions his accomplices, intitled
MAhpardQa? If bo, he swears to secure him-
I (I / By the apprehending and discover-
ktkg m BBtlcd to bia pardon.
Mr. Pkipft, But not without he be brought
kJHriee; that b to say, till he be convictert ;
inCvv be cannot be an evidence to convict
Ik
L C. J. That is, as lo any that are there
itoed, if any of them discover and apprehend
^ aaother, it mOst- be so as thnt they be
b^ lo juljce: hut if any person that is
■iMBed there does apprehend any that is,
ha iatitled lo the 1,000/. barely by the ap-
Ur.FkippM. Then there is another procla-
■laa where they are both named, as Mr.
MftwDcid tells me.
fc&SAsver. My lord, we will set this
Mlv right ; w« will show the other procla-
■NB, in whidi, if I am ri^tly informed, for
kMCBBt nad it, Mr. Hams is named.
Ju.Gtu. IfyMhBVtBotmd It, I would
VOL. XII.
A. D. 1696. [194
advise jrou not to trouble the court with it ; for
you Will find the latter part is restrained to
three or four particular persons, of which he
is none.
Rookwood. I am named in the proclamation.
Ait. Gen, Aye, but read tho latter part of it,
and you will find you are not named in the
clause that they referred to : yon need not read
the former part of the proclamuUun, wc a^ec
the prisoner is named there, but only look to-
wards the bottom, which is the clause that they
refer to.
C7. ofAr, (reads). « And we do hereby fur-
* ther declare,' &c.
Att. Gen. They have not considered the
proclamation, and therefore make an objection
of they do not know what.
Sir B, Shower, We ore in }?our lordship's
judgment.
L. C. J. For what? See if you can make
or state a case for otir judgment.
Sir B. Shaver. Mr. Rookwood is mentioned
in the first proclamation, and Harris is not:
but there are the word accomplices : he is like-
wise mentioned in the last proclamation, but
not in the last clause of it. 1 confess, if he
had, it had been plain it would have taken off
his testimony ; but now we must submit it to
yon, whether he is not an interested person^
and consequently no good witness.
L. C. J. Truly I £> not see any colour for
the objection, is he not as well intitled to hia
1,000/. though Mr. Rookwood hail never been
ti^'d, by the bare apprehemling of Mr. Rook-
wood, as if he was convicted ?
Sir B. Shottcr. No, my lord ; because the
I words are, so as he may l!e brought to justice.
L. C. J. That is not so, as to any person that
apprehends one mentioned in the proclamation,
if the person that apprehends be not mentioned
in it, and named himself ; if any one that is
not mentioned apprehend one that is mention-
ed, he is intitled, by the apprehension, to the
1,000/. If any one that is mentioned appre-
hand another, then he is to bring him to jus-
tice ; now Mr. Harris is not named in this pro-
clamation, and so as to the 1,000/. he stands in
the same condition as any other person that
discovered or apprehended one of the persons
there nnmed.
Sir B. Shtrtrer. But it seems he was one of
the conspirators, liecanse he is himself described
in another ])roclamation.*
Att. Gen. If it were so, it would not be ma-
terial, nor any manner of objection ; but as they
have made tfieir obji^ion upon ibese^ procla-
mations, we think there is nothin^j for us to
give an answer to.
Mr. Cow per. Nay, my loni, if it were so,
will sir Bnrtliolfimew Siiowrr say his client is
not broiitrht to justice unless he be cK»nvicted ?
I am sure the wonls * convicted' or * attainted,*
are not in the proclamation.
* As to the admittin*; the testimony of a
Particeps Criminis, see Howard v. Shipley,
4 East, 180 ; and see 4 East, ^^ 686.
O
195J S WILLIAM III,
i. C. X There is notliiug^ in it: yoti roust
twear Mr. Harris. [Which wa* done acconl-
SoL Gfti, Will you give an accounl to oiy
lord aud the jury, whut you ka<>w of this cun-
spiracy against tlie kii^s lite, from the <irfil
lime you were acqu&iiited with- it, aad what
liatKl the prisoner ut the bar bad ki it.
Att, Gen. Pray gire an account of ihe whole
things your coroing over, ami who sent you,
and u|Miu what errand, and the whole tlmt you
know of this conspiracy .
Cap«, /i»rn>. Upon I he 14»b uF January
last, the Fmich Sule, N.^i, I was at 8t. Ger-
irt:)Lns, whtrc I wa^i sent for by kiii<j Jarae«,
and was ordered to wait his dinner till it was
over, ayd accord iticrty 1 did wait till bis dinner
was oyer J and then i came in, and col. Parker
%vjts with hirn, and one Mr, Hare, who is also
moniioucd in the procbmatlim, was there also:
lite kill i*' told (lie he was sensible I had served
btni well, and now he had an opiTortuoity of
doiuif sonifthinj^ for me; htitold m* he would
;id tin; into Eo|^laud, where 1 should be aiib-
tr<!, and I was to follow the orders o\\ sir
Cieorg^e RttrrJf y ; and accoi ding"ly be ordere*!
toe ten kwidortsto be paid by Mr, Caroll, who
is secretary to the lute ([neen ^ and colonel
Parker wt;i)t aloiiLf uilh me, and Mr. Hare, to
Curoll, an<t told him be aime IVom the kin«;\
and wc hud the lewidi^rcs, Hud we nent to Ca
bus, in order to «inr coniirtn^ over luiher: But
we wtre told if we were wind-Liouni]. that the
money we received would not Ijcur our chartjfi'* ;
the»e w;is orders pven for our further s^ubsisN
ance ai Calais, to the president there, Accoid-
ijijrly we came to Calais, and the wind did not
ierve us tor eif^Ui or nine days; and v^hile I
stayed there, the money that 1 spent at Caluls
wu> piiiil by the president of Calais, Monsieur
Lutour. Afterward!; i landed in En^landi near
Uomncy n^ai-sb, as 1 was told, and I came to
the house- of one Huni^ and be provided me
a]vd iriy eonirude with u couple of borseis; and
cjominj^ from tbencef I came in the tirst pUiee
to one Tucker^s an a|K)ihecary in Sand way ^
and next from thence we came to R jche»ter,
to CharleH Croft's, and from thence in a coach
to Grave^iend, and from thence by v%ater fo
Ixindou: That ni^ht we lay in Grace-Chnrcb*
street at an inn, it beiujr night, the night-tide,
ani! something late. The next day 1 came to
fi lod^iikg at auactfuaintaoce's of my comrade's,
Mr, Haie, at the Unicorn in Browulow-stixei,
one Mi. \Vatoman*s. The neJtt m^ht 1 went
to look lor mv (ieon^e Bjircley, whom the kiiSg'
told me i should certainly tiiid by »uch a sifrti
of a wliili* handkerchief haogin^f out of hi*?
pucket, on Moiidays and Thursdays, in Covent
Ourdeo, wl^ere bia walk was to be iu the even -
ing^, becniiNC be was nut to appear in the day-
time openly, ft iuippcnrd that tij^oii Monday
flight after I came tt> tow »i, I went there and
did not tind sir George Bjndey accordlnjof to
the kind's dirrctioti, which i admired at; but
tbcre wat» one Mr* Berk^nb^adt who ftotd my
coimada, a day or two ailcr, Tb^t lir George
Triat of Ambrose Ro€ihxood^
[
Barclay would mscds speak with me, and
conlitij^ly 1 met with bim ; and he askod
liow the kim^, queen, prince, and princeis i
and I told him they were ?ery well ; I told 1
1 was appointiHl lo attend htm, and obey
orders. He told me he had no mon^y at f
sent, but in two or three days he would m
some ; and so he did, by major Holfnei.
bad live shillings a day for buintstetice,
had no horse ; and when I had a horse, tl
six sbdlinG^j a d9.y \ after which rate 1 bad
sisteiice for a month at five shilling's a
Sruincas going then at thirty shillings. W
Holmes paid me the moit(::y by sir Ge
BaiTley V oitler, as he told me, and '
w ards gave mc a j^uioea, and that was
Satunlay when tbt* a.^sa8Sioatjon was d
for that we told hhu we watited moi
was net reabonable we should take
out of the stable before we paid for theiu:
I met sir George Barcley several tii
CiMrcot Garden, and he to hi mc it was.
ciou^ place, and de<«ireil me not to
more there i but when he had any
ordeis to give me, be w ould g'ive me
it where 1 libould meet Uim ; and
I did meet him several times.
Alt. Gen. Now, Sir, will yoM tell
know as to the prisoner at the bur '^
Hants. As to Mr. Kookwood, the
that the assa>Bi nation wa^i diKi^iu'd to
Hrst lime that I knew of it, i met Mr.
wuod, Qt one Mr, i^orck^s lodging*, wbcte
was up, and t saw him in a ^rcat hurry
MMtM! eun«Lernation, and in cau>e M, iiornard
] asked bim the meanini^ of it, and what
were uoiny' abimi ; and 5lr* Umikwoitd
me, if I would go down to captain Couul
(ibonid know -, accordingly I went, and to
best of my rmnembratice, he jfave me a li
iH>te lo captain Couuter* but that I am Dot
Sktive in. 1 went to ea|itaiii Counter, and
soon as ever I came, he told us, we must
immediately reudy lo ^o to Tumham Greepi
Ati. Oen. Where was that ?
Hnrris. Ai the Woolpack, that was tbei
aii near a-ii I remember. Mr. Mare
I were oi-deretl together to come there,
there was Mr. Uuugate, who had Ikceu tl
smne time, and when I came in, sir Get
Hrtrcley ilid dcclur*? lau^hioi^, *■ These
* jani?isaries.' And he talked sometl
brintj^inu: the garter, auil of .illacking thei
btit he went out of the room, utid af\i
he came in and det*laretl» ' W b* are all
* honour, and that tiw business we we
* about, was to attack the prince oJ _
but Dnrant came in alYer that, and said, *
* prince of Oranije did tint go out that
When he talked of attacking the prinoft
Orange, i was very rimcb startled, not km
ift^ any thin^ of it l)ctbre ; and 1 Came the
uioiniug to Mr, Rook wotkI, and asked bi
we werti to be the mnrdcrf rs of the pridca
Oranifet Sa^'g Mr, Itookwood to me, ' I
"^ afraid we are drawn into some such husim
* but it* i had know a it before I catoe orarj
m
«%3cf mains, tnd ool have came over hither:'
nd taid I, * This is rery fiuc, we have served
'to a very good purpf*se, to he «e(it oFcr upon
*iucb •!] errifid and iiccount.* After this Mr
RooIcvioihI, nod Mr. Lnwick, and I, had a
iB««ting at Retl hyou Aeh1^» where we did dis-
CQune about the mutter. I did often declare
against it, that it wax nt* hnrharous a thingf, that
oa man <»f ht^oour almost woidd he g"iiihy of it ;
tet major Lowjck an<iwtred, That ue were lo
dhiy orders ; for sure sir George llarcley
wmd not undertake a thtug of that Dature
VftlMKit orders.
^^^Att* Gen* Pray what said Mr. Rookwood ?
^V Barris, lie owned it was a harharous ihtn^ ;
^Ml lie was sent over to ohey liir Gtorge Bnr-
Hpj% orderB, which he had several limes de-
Hkunid be was resoked to do ; upon Ihnt
wi» pCftet) : So afterward? I came to Mr,
BmihriHMtV ltM%itig; it was the Saturday
wmvmg I catfie to him, and no weut to
■r Gf*>nje Barcley*s ; while he was there,
Hr. F* ! gate me a note, naminif
•» ma , pariicularfy Mr. Hnn^^ale^
Sfr. Huafiird, Mr. Hare, and his own name at
top, not the name that he is arraigned by here ;
^ a «liaiu name that he had| as the rest of tis
ill hid fiham names, which at that time we
wcntlr^.
L. C, J. What was your name ?
Hams, My name is Jetikias.
L, C, X Who gare you that name ?
ficiTti. Kin*? Jaines'al 8t. Gerinnrns» and
legpffeBff. Hare the name of GuiDey^ and
Mt* liwlrwood'^ name wns Robert*;, ^^ng
liMilold us in hiis bed chamber, we were to
filjribHe Dames.
w. Gen. Pi'aVi Kir, what did Rook wood
•fivyiio, when he gave ymi that lii^t?
Bp^ii. He ir»!d me, he was to go t<i Turn-
^QB green> and 1 waii to |^o alonfjf w'nh htm^
todnya he to me stiiilin2"i * You J^hall W my
lidde eainp ; and g'et the rest of tlie gonfle-
■fO fvmdy :* and aceordinpfly I went t'> look-
er lererai of the ]»ersun^ — pariitrularly *or
Hf* Bludttntrrie ^ ^ hen ! came back ag^tn,
t foood him lyini^ on hts bed^ and thnt sir
L Ccocge Bare)ey had told him the prince of
I %miigt did not go out that day ; and from
I ^kmett we went lo dinner, where miijor Low irk
€aed with us, and Mr. Bernard e and major
UwirJc seeing me in a heat, aske<l me. Why
I iru IQ such a s%veat ? I toJd him I were^et-
tinj^lboiie men really for Mr. Rookw not) ^ who
bi^ made me his aid de camp ; says majnr
Lawtek to me, You may very well do il^ for
rMi have six shilfhirjs a-day allowed you, and
Iwte nothing'; I hnnji;- two m».'n at my own
cbari^. Said 1« Major Lowick, I wonder you
^ ftot apply 3'nurieH' to fir George Barclcy,
lad tlien, I Wieve, yon may be subsisted t€H[».
Hemtwered me, He did not think it ivnrth
ilKwItiJeto trouble him, since hir had never
mfkt to him of it before : aod Uookwood, and
mnmgde^ and Lowick, and myself, several
lioei met b Red -Lyon -fields, and talked of
I the prince of Orange*
Alt. Gen, Who did T
Harris, R^okwood, Bemarde, I^owick and
myself^
Alt. Gen, P»^t Sir, let me aak ymi one
one question. Where was your horsse'at 6rst?
Harrh, At first it was at my lord Fever-
shames stables, as tliey told me, in Somerset-
House.
Alt, Gen, Where wera the other persons
bcrrses?
Mortis. There vva<« Mr. Himgate^s and Mr.
Harems hcirsies in the same place, at the same
time, UA tli<iy told me.
Alt, Ccn, How came you by yoiiir horse
there ?
Harris. Major Holmes did deliver my horse
and committed it to my care, aod I carried it
thence lo another place,
Ati. Gat. Did you ob^^erre there was any
more faorses there ?
Harris. I beliere there was five or siac, as
near as I can guess.
At i. Gen. Do you know where Rook wood
was to have his horse ?
Harris. He had a horsey but whence he
had it I do not know.
Alt, Gen, Had jou any arms delivered
you?
Harrii, Yes, I had by capt. Conoter.
Mr, Concert, Were you at do other place
together that Saturday night, the 22d of Fe-
bruary, lie cause you say you dined together ?
Harris. Yes, we were at the Bear tavern.
M r. Cmiyers, W hut discourse passed betM ccn
you there?
Harris. They were talking about the assas-
siuation ; but what any particular person said,
f can ant tetl.
Mr. Conifers, Pray who were there ?
Harris, There it is Mr, Kui^hlly, captain
RooKwond, and Mr. King; and' Knightly
went mtt, and came iu again, and dechred,
we must btive a jjrent deal of rare of ourselves
or weshonhl he taken up : and he whispeied at
fir*it, and lifter** ards I asked him whit it vias ;
and he t<»M me, and said, ' We must have a
care of ourselres,' Says Mr, King, staring
ihis way with his eyes, * Surely God Almighty
is on oilr side ;' and so we partctl,
X, V. J. Whcii was this?
Harris. This was the ui^^ht of Raturday the
22d, wlien il wsis discovered; for souie Oilhem
were taken tip the next day.
An, Gen, Was Rook wood there at thai
time at tlie liear tavern ? ,
Harris. I cauBot positively tay whether he
was or not,
Att, Gen. What discourse had you there?
Harris, We t:\lked of assassinating the
kin^; but what it was in particular,! 1 cannot
tell,
L, C, J. W as Rookwood there ?
Harris. Yes, I beliirte he was ; hut 1 cannot
positively say.
L.C. J. You say it was the la^st Saturday
that the king was to g» abroad, that you appre-
hended yott were ditco?cred f
199]
S WILLIAM m.
Harris. Yei , we apprabeiided we were di»-
oofered before that ; tor Mr. Lowtck told me
that three or four days before, in that week,
that his name, and one Harrison's, were given
into the council, and another, and another,
two or three of them, as he told me ; I think
three or four; and 'upon that account major
liowick went from his lodging, and did not lie
at bis lodging the night bc&re ; and I came to
major liowick, and he told me the same thing
at the King's -arms ta?em.
Att, Gen, Can you remember what discourse
you had that Saturday night?
Mr. Cowper. You say that on Saturday the
93d, Mr. Bookwood ga?e you the list.
Harris, i do not say it was the SQd, for I
cannot swear to the day of the month ; but it
was the second Saturday that we were to hare
gone about this business.
Mr. Cowper. You say he gare yon a list of
names : pray when he gave yon tmU list, what
discourse hapi)»2Dcd in the room just before, or
miler the giving of the liit?
Harris, Sir, I think I told the court that be-
fore.
, Mr. Ccmptr, Sir, I desire yon would re-
peat it.
Harris, My lord, T humbly desire to know
whether I am to answer that gentleman that
question ?
L, C. J. Yes, you are to answer, being
upon your oath, until to tell the whole truth.
Mr. Cowper. I asked him the question so
fairly, what discourse introduced the giving
of the list, and what followed upon it, that I
perceive this gentleman does not know which
side I am of.
Harris, Mr. RooLwood said we were to <^o
to Tumham green ; and he told me, that I wus
to be one of his party, that we were to attack
the Prince of Orange.
L. C. J. You suy yon were tci be one of his
party ; prav was it there that he tuld you, you
should be his aid dc ramp ?
Harris. Yes, he did tell me I was to be his
aid dc camp.
Mr. Fhipps, Whose hand writing was that
list?
Harris. 1 cannot tell, 1 iuul it fVom that gen-
tleman.
Mr. Phipps, Rut whose n riling was it ?
Harris. Indeed I know not bisTiand-writin^,
and therefore cannot tell whose it was : he w
for his life, but I believe he cannot deny any
thing that I have said, I suppose not : i should
bo very sorry lo accuse Mr. Ruokwuoil of any
thing that was not true.
Mr. Fhifps. Pray whose names were in that
list?
Harris. I have mentioned Mr. Hare, Mr.
Hanford, Mr. Blackburne, myself, and you,
Mr. I^kwood, had your own name at top.
RookKood. IVhattt that Blackburne?
Harris. He is a Lancashire man.
Hookmood. it is a very strange thing I
■hookl give you a list with a man's name
that 1 & not know ; I declare it, I know no
■ucbponm.
He gave it into my hands, and hai
me agam, or I threw it away aftpr-
Trial tfAmbrote Rookwoodf [XW
Harris. 'Mr. Rookwood, I belkvoyovoi
very sensible I do not accose you of any thnf
that is not true.
Mr. Phipps. When did you see that list
last? '^ ^
Harris.
it from
wards.
Hookmood. But you that were to be an evi-
dence ought to have kept it to justify your evi-
dence.
Harris. Truly 1 did not intend to have besn
an evidence at that time.
Att, Gen. if they will ask him any qucstioM^
let them.
Sir B. Shower. No, indeed, I will ask him no
questions.
Ati. Gen. Then, my lord, we have another
fnece of evidence which we would offer to yonc
ordship, which is not direct evidence agaiasl
the prisoner, hut only to prove a circumaCanoi
or two of what has ali-eady l>een sworn : wtt do
acknowledge, my lonl, it does not aftctNr.
Rookwood, but only to strengthen and eonfini
what they have sworn.
Sir B. Shower, With submission, we hopo It
will not be eviilence tit to be given as to the pn«
soner at all ; for because a man may i
true in the particular circumstance of a
that therefore he swrars true what he
against the prisoner, 1 ihiuk is no consequ
in ilic world.
L, C, J. ft is a thing distinct and foreign Is
the matter^ as to Mr. Rookwood.
Att. Gen, Mv lord, we do not say itdiradltf
affects Mr. Rookwood ; but when your l<irdili|^
bus hcurd it, we shal^ submit it to you, how w
it conlirms even the evidence given '^^
him.
Mr. Coni/ers. My lord, we say the pn
was to have his horse from SuinerseU bouse;
and that there were horses placed there for
that purpose we are going to prove.
Att. Gen. My lord, it is one entire ooupi-
racy, in which every one had his part; ont
was to have his hordes and bis party in ent
place, and another in another : Now that thcit
were at such time such horses at SaoMmsl-
house, and tliose horses were i lelivereit out fioa
Somerset- house, is certainly a confirmation tf
the truth of what the witnesses have said.
L. C. J. It is so. If that be it you offer, it ■
very material.
Mr. Coni/ers. We shall prove, That upnn
the disuppointiiient nn the iiist Saturday, tkt
15th of February, th«*y were to be ready agniMl
the 22d ; and you will hear how the honm
were diK|iod<Ml of in the mean time. Call
Chamberlain, Maskel, and Allen.
Att. Gen. Call any of tlK.>m, I believe itii
enough.
(Mr. Chamberlain appeared and was sworn.)
Att. Gen. Pray will ynu give my lord md
the jury an aucount what you know of UM
horses that were brought to SomeiMi4M«i»
abont February laat. and how long they i
there ? -^ ^
Jqt High Tremm*
A. D. 1696.
[2QB
There ivas six horses.
Aii. Gem, Who bn>u|^hl tUew in f
OmmUrU^t. They were sent in by iom«
pcnoo» in Mr. Lewis's Dstne.
AtL G€m, Had you a&y direction to take
tweof ibeaif
Ckmi^bfrUiin. Mr. Lewis sent in a note to
1^ cafe or them for a ni^fhtor two.
iff. Gtm* Who carried tJiem away ?
Ciaiiiieri!<t*a. f cannot tell ; some people
eiaa to wtt. tbeui thtU 1 oever saw before, and
di«f|ookcM« of them; I know not who Utey
«af,iiMl I defer saw tljera since.
Ml Gen. What tiuae waa it that they came
lirihn?
Ckamktrlain, U was about the middle of the
Att. Gen, W hat monlh wasi it m ?
CkamhTiitin, I think it was much about the
baer end of February, to the beft of my re-
Ail Gen. How kmg was it before the plot
[ m disoovered ?
fTTTTiff-^ " It waA about a week, or a
mttlier, before the plot was discovered,
beat of my knowled^re,
. Gem. How luog staid the horses there at
Tliree of them staid a nigrht or
-tet the otlier tliree of them about a
' of n week or ten days.
I, G^n* Who <*\vncd thcM»e horses ?
_ ..riain. They w^-e sent m in Mr:
»> iMjne ; but who owueil theoQ I cannot
ndeeil.
lU.Oivjferf. Then swear John Allen* [Who
mom.] Pmy tell mv lords aart the jury
jou know coucerning- any horses aoout
I the one of the breakmiic out of the plot.
dU, Gen, We mean in Soon ei set-house
m* There was seren horses came in.
, C^wtn. Who brought iheio ?
AUen, There was six in the firsl place j one
MIM is aiier wards io ihe evenitig.
Mr- C^myeri, By whose order were they
WMnrlit there ?
Mien, By Mr* Lewis's order.
Aii, Gen, How loni^ did iltey stay there?
Alien. Home of tiiem stuid there several
^lyi ; ihrM of them went away the next day,
» I thuik.
Mr, Cemiftri. Bo you remember about what
ine tlmae horses were brooght thither ?
AUim* They weye brouf ht there, I beheve,
ibout trfreo or eight days before the plot broke
J^, Gen. ftly )onl« we only ckll thewe wit-
M^ci to confirm the testimony nf the others.
Ibt them wisre auob burses there at that tinie,
lid Ibr lliejpinent we rest it here.
L, C, J. Then, gentlemen, what say you to it
fcr the pritoiier f
Uk B. Sksmer. If your lortkhip pleaae, we
Hiofoou— cJ for the prisoner ; and ih .t which
^ aie 40 tnaiat upon, is tkk, which we submit
to your iordsKipA* jndgmeut ; 1 u the fifpi place,
whether here be two wttneaaes against the pri-
soner to proTe this treason ^ according to tbs
statute of Edw. 6, which ref|atrestwo witiiessei
in High -treason, and lawful ones ; but that in
the 6rst place we say, there are not two wit*
nesaesat all, at least not to any overt-act ibatis
laid in this indictment. As* to what captain
Porter snys of what passed between him and
Durance« the dialogue between them where
Rookwood was preseut, we are in your jordship^s
direction ; and we doubt not but I he jury will
take It into their coDsideration, how fur ihat af-
fects the prisoner ; that he shall not be eun-
cerned in any trarisaction lietween Mr, Porter
and any other persons ; none of their declara-
iiooK, none of their treasonable practices, can
be imputed to or aflect him in any way what-
soever. Now all that captain Porter says of
Mr. Rookwood is, that he was once at the Ulobe
tavern, and there was a discourse about this
matter ; and then he telU your lordtbip of a
dialo<^ue between him and Durance, and an
account of what passed between them ; but he
floes not say any thing of Mr. Rookwood being
any ways concerned in the matter, but only
that be dropped this eiprcssitm, it was a des-
Kerate adventure, a dangerous enterprise, and
e seemed against it ;, out in tlie end he con-
cladpd i*ith something in French, which what
they are, and what they mean^ we must f^tdimit
to your lordship and the jury ; he interprets it,
when sir Georfje Barcley said he must have a
share in it, then Rookwood rcpUeil, There is an
end of it But there i^ not one word of aj^ree-
ment sworn to, that Air. Rookwocid spoke to
»hew his consent. There is hut utie time more
that Mr, Porter swears to^ about the prisoner at
the hiir^ and that is, at his lodgiog<t in Little-
Rid or- street ; for as to the other consult*, Mr.
Rookwood was not present there ; ll sesfiis
there was a discourse about the affair, but that
Rookwood said nothing, hut went away ; there
was not so moch as the learn intimation of an
agreement to any such design, or approbation
of what was a(;ritated in the enmpnny ; and we
insist upon it as to this in |M>int of Uiw, that it
amounts to no mor«' than mispn^ion of treason
at most. My lord, 1 will not now contend
about notions, nor w i1] I ar^ue whether con-
sulting and agreeing t>e eviileuce of an overS-
act ; I submit to your lonlship'^ directiona, aol-
wiihstanditig the* variety aitd difterenoe of opi-
Dions thai h«ve hf*en.
L, C, J. 8ir Bartholomew Shower, I know
not what yariety of opijiions you mean ; there
have been some dietcourses in pamphlets, 1
agree ; but it was always taken aitd hdd for
law, that consulting and agreeing was an overt-
act.
Sir B. Shiiwer. Here is no evidence ef any
agreement.
L, C. J. Pray let us hear what you sey te
that.
8ir B, Sfimrer. It is not the being present
where traitors do consult and conspire the
death of thie king, unless they actually agree ;
nor is it evidence suliicietit to ^tde or prevail
J03J
8 WILLIAM m.
I
I
I
upon a jurv^s conscience to afiimn tjponlhdr
onths, tnal such a oU€ is guilty of bigh treason,
because such a ooc w&s were, and said noliiing
at all ; for the not diaooveriog' nAenvards, tior
accusing, i« no evidence at all against Mr.
B<H>kw^. As to Mr, Harris, be gives ynu
an account of a great tJeal that does not afiPect
Mr. Roukwood, neither all that |iassed at 8t,
Germainst nor in their jnurnev into Knglatid ;
for all that wa) be true, am! yet the pris»>ner no
ivay concerned in it. \u to what he affirms of
the prisoner, we !>hall submit it to your consi-
deration : what it aniounttt eo, and all that bia
deposition comets U[> to^ i«, that Mr. Uonkwood
complained thai be was lu uky implicitly sir
George Bardey's orders ; uiiil i I arris g^res an
account but of one particular time that Mr.
Rook wood undertook, or did ag^ee to be con-
cerned in this matter ; it was but once, and
that was, when he gave him ibe note of those
that were to go to Turn bam- Green » and that
he was to be his aid -de -camp : and as to that,
we shall gire you an acwjimt by witnesses
whom we shall call, that these two witneaaes
ought not to be believed as to what they have
sworn, though they do not come up to make
two witucKses according to law upon ihij
indictment. What they have aaid as lo
this man, ia not credible, though thev
nmj speak true as to others; aud no douGt
there waa • barbarous conspiracy ; it appears
there was such, beyond all eiceution and con*
tradiction ; and the persons that bare been
condemned as cons|iirators have acknowlei^^
it : but, my lunt, that which is now before
your lordship and the jury is, to enquire whe-
Uier the prisoner is concerned in this nflair at
all J and how far ; and we hope the jury will
be of opinion he is not ctincemed. The
beinousness of the crime, and the aggravalioi»
of it, being to Ik* abhorred by all mankind, we
ihink ought nut to snay with the jury, nor in-
lluence thtfir judgments to believe a witness
ever the sooner in accusing any other pei*son ;
it ought rather to have a contrary allay; for
the greater the crime is, aud the farther off
from having any tolerable opinion in the world,
Ihey ought to expect the greater proof; and
no one is to be presumed guilty of such an
act, without very suOleicnt evidence of it ; and
the greater the crime, the proof ought to be the
more (lositive and undeniable. It is not their
being plainly positive that is sufficient, but
whether it is such that is good in law ; and
about that we are sure your lordship will give
(rue directions in paint of law : and whether
the witnesses be cmlible or no, must be sub-
mitted and lefl to the jury, afkT we have called
some wilnesaeD, ulio will give you an account
of their reputation.
Air. Phippt, My loffd» we humbly insist
there are not two witncMCi, such as the law
requires, to prove the charge upon this indict-
ment against the prisoner: the two overt acta
that touch Mr. Rookwood are, first, csnsulting
and agreeing bow to kill the king ; the other
ja» Ibe Coding artm and horses lor that purpose.
Trial qfAmbroie Rookwood^
But as to tin's latter, Ibe finding arms
hcki^ef, there im not one eviAenor that comes
to it : and tLs to the former, the consu
whether there be sufficient evidence that
op t*» that, is very much a question wtti
but we say, with submission, there are
two wit:iesses in that case ; for Mr. Porter ta^
only whut he was told by sir George Barcle^
thut sir George )iro|}Osed this matter !•
withal he teils yoti, that when sir G<
cley proposed it, and Mr. Rookwood
fonniKl what the design was, he
from conspiring, consulting, or agreetng to
it, that he said it was a bariiaroiia act, and
recoiled at it. Then at last says sir Gi
Barcley, * You must command a party*
L. C. /. Well, and what said Rookwi
then?
Mr, Phippt, Porter says, tie then 8»Md, ti
is an end of it. Now, my lord, what evid
is this of a consultation and ugreemtnt.' A
this is all that Porter says. As to win
Harris says, we are In consider whetl
list given to him be an overt- net ; and
the poitit in question is, whethr.'r that list
be given in evidence against Mr. Rookwi
upon this lale act of parJiamenl^ as an oV(
art, it not being laid in the indictment f Tf
is indeed an overt-act of a list laid in thei]i<
dictiuent, as given to Cranbnrne, but none
given to Mr. RookwooiL
L. C. X i*ray take the evidence rMd,
first, ubiit will you make an overt-act? HKf
do you thu^k when there is a debate ai
divers persons abaut killine the kiag ?
Sir B. Shower. With submi»isiun, that
be no overt-act, if there be a debate of sudl
matter, though he be present.
L C. J. Aye ; but when there ts a consnll^
and upon debate a resolution is formed, aui
Ihuugh he does at first dislike it ; yet when tie
15 tuld be must command a party, he says he
is content, or tliere is an end of it — W hat doy
you make of that f
Sir B, Shouer, He said he did not like it
it was a barbarous, desperate design.
L. C. /. It is true; but when sir Georai
Barcley said he should command a party, hi
aorpiiesced, and said there was an end of i1
There was a discourse about cutting off tb<
king, and that was agreed upou in the conn*
pany at that time ; and though at grst he dii~
Dut like it, yet he might after^vanls agree to il
Sir B. Shcfwer, My lord, that is it which
deny ; we say there is no proof of his agree*
meni to it.
L, €, J. Captain Porter says, he did
that he said be looked upon it as a '
desiga, and wa«i averse from being euj
it, but aftenvards did agree to it : whetl
not that such an overt- ad sa is laid in the ii
dictmeot ?
Hk B, SftDwtr, My lonl, we must beg leavt
for the [irisoner in a case of this nature, that il
may be recollected what the evidence did aay«
Mr. Porter did not take upon him to affirm th; '
Mr. Rookwood consented to it, but only sai
fmf High Treason,
If n ftd of it.' Now we must leave
e jorjr, what they caa make of such
laMrorioB.
[ CiO Mr. Pteter iu again.
n^tru My lord, the first meeting
ripnbof, where the prisouer, Mr.
I, wu, ii at the Glohe tavern, where
Hie wai ;. the next meeting that he
mfoo the Friday night before the
iby when the buiioess was to be
iamrwards he met at Porter's lodg-
ibirday morning, in RidernBtreet.
a Ca|it. Porter came in again.)
Hirk ye, Mr. Porter, the first time
■Iter was proposed, when Mr. Rook-
vcMSt, Tou say was at the Globe
forter. Yes, my lord, it was.
And you say he disliked it, and did
»beooiioemed in it?
Yes, my lord, he did so.
. Well, what said sir Geo. Barcley ?
Sir George Barcley said, he ought
ii orden, for he had such a com-
r nch a thing, and he drew out a
w it was to be done ; ana when sir
icley told Mr. Rookwood he should
bii party, he replied in French,
acnlof it.'
Thif was at the Globe tavern, was
ffto*. Yes, my lord, it was.
I. Pray then, capt. Porter, let me
Mber question : Was he afterwards
tioy other meeting, and when and
Be was with me upon Saturday the
\j lotlging in Little Rider-street,
V George Baroley and others.
L What discourse happened then,
rbey did there discourse the whole
lir George Barcley was not for go-
time, b^aose there was so many
rent with the king, that there would
d onportunity to effect the design :
n they would go off after the hunt-
', and so it was agreed upon to go
mdertaking.
Pray, at tliat time did Mr. Rook-
1 to ifislike tlie affair, or refuse to
It ail concerned in it ?
Vo, my lord, I cannot remember
B one word.
(Vas Mr. Rookwood there ?
^es, there was Mr. Rookwood, sir
ley, and Mr. Dun nee.
And had \ou discourse at that
lis buatinesN f
fes, my lord ; there was that ob-
of so many people going with the
Bade that answer that 1 tell you.
Why, then, suppose at the Globe
in expression had not dropt irom
hot a man is present at two con-
» Md about the death of the king,
liif «iilMr at the first or second,
A. D. 1696.
rsoe
Sir. B. Shower. My lord, I confess this is a
case of a very barbarous nature, of which I
hope my client will acquit himself: but I think
we have the authority of parliament on our
side, thut tills does not amount to a proof of
treason. It seems they lay a stress upon thta,
that Mr. Rookwood came to captain Porter's
MgingB on the Saturday morning the 16tli :
but then take the case as it is ; for aught that
does appear upon the proof, he knows not upon
what account the meeting is, befin^hand. I
think that is the case of my lord Rnasel, npon
which the reversal of his attainder went, that
the evidence came short, and that it was but
misprismn ; fi>r the evidence was, that he was
present at the supposed declaration's readtng,
but said nothing at all to it.
L. C. J. But i speak of two meetings ; thsrs
was but one.
Sir B. Shower. My lord, I do not know whe-
ther there were two meetings or one then : but
this is the ground we ^ upon, there ought to
be two witnesses : and if there be two meetings
upon s|ich a design, the second may be as ac-
cidental, and it does not appear to be a designed
meeting ; and there was no appointment of
Mr. Rookwood to be there, nor any negocia-
tion by way of message or otherwise, to that
purpose. Is this, my lord, an overt-act? Sup-
pose a man be present at a consult about trea-
sonable practices, and he uses words that are
indifferent, it is tme, in the case of a wager it
amounts to an assent, but it hardly Will come
to that when people meet by accidenty or for
they do not know what.
L. C. J. How is thb by accident?
Sir B. Shower. It does not appear that it was
by design or appointment.
X. C J. Thay were acquaintance.
Sir B. Shower. He had no acquaintance with
him but in sir Georg^ Barcley 's company.
L. C. J. But, besides, there was an express
consent at the Globe tavern, when Rookwood
said, * There is an end of it.'
Sir B. Shower. That is as much as to say,
I will not do it, I will not go with you
Sol. Gen. Sir George Barcley was the per-
son whom they were to obey; and Harris telhr
von he told them what they were to do, and six
horses were first placed, and three of them
after^vards removed.
Sir B. Shower. That will not affect him what
sir George Barcley said, any more than Lewis's
a|>pointing of the horses.
L. C. J. Then here is another thine, Wh j
did he give a list to Mr. Harris ? The list that
was given had Mr. Rookwoofl's name at top,
as he was to command the paity, and there was
H»rns*s name and Harems name as of his
party ; that is, their feigned names : Mr. Rook-
wood's feigned name was Roberts, that was at
top, and &ey were to go to Turnham-Grsen,
and Rookwood told Harris he should be his
aid-de-caiiip.
Sir B. Shower. My lord, for thatvl think we
have a point of law, that we apprehend will
turn off all that endence, ind sure we may
«7J 8 WILLIAM in.
take thai exception now. The words of the
act are, That no evidence ihall be tnven of any
overtpact that is not expressly laia io the in-
dictmeiit Now cannot I shew upon this in-
dictment, that there is an overt-act in such a
positive direct manner as tiiey now urge about
this list ? Will not that satisry yonr brdsliip's
jud^ent lo set aside all this evidence? To
make the indictment good for treason, there
ought to be a compassing of the death of the
king laid, and an overt»aet laid dedarinjg that
compassing ; but no evidence is to be given of
any overt-act that is net fand in the indictment.
L, C. /. You ans not to take exceptions to
the indictment now, bnt only to theevidsnoe.
Sir K Shower. I have tliis one exception
more ; there is never a * Quodque,' nor a < Ju*
ratotra ulterins prHsentant.'
L. C. J. There does not need f bnt that is a
fault, if any, in the indictment^ and is nor to be
stirred now.
8ir B. Shmtr. If there be not a presentment
by the jury, then tliere is no overt-act alleged :
and if there be no overt*act alleged, or no such
overt-act, then we are within the words of the
act, That no evidence shsll be given of any
such overt-act but what is alleged ; and it is,
if not expressly alleged, as if it were oot al-
ibied at all. Now here it is very feoee, * 6ec.
* iidem Chrietopliorus Knightley,' and so it
goes on with the rest, did so and so. There is
a presentment at first, that they did compass
and imagine the death of the king ; and then
the indictment comes farther, and says, that
forty men should do this business, and of those
forty these four should be some; and then the
* iidem' bought horses and arms, snd so it must
go to the last antecedent, and then there is no
express alleging of any overt-act; and then it
is as if no overt-act at all was alleged.
L. C. J. This exception is not to the evi-
dence, but to the indictment: it begins < Jura-
* tores preseutaiit quod ;* Does not tliat relate
to all P
Ijir B. Shower. No, my lord ; and 1 can tell
\rou a reason why not : if it be not so well al«
hfged as it should be, it is sn indictment as
if it were never alleged at all ; and so within
the words of the act of parliament this is not
an uveit-aot aUeged, and therefore they cannot
give evidence upon it.
Sot. Gen. Truly, iny loni, I crannot imagine
what tlK*y are doing, they are moving in arrest
of judginnit bclun* a verdict given : they say
the overt-art is not (*xpn!8«ly laid ; In that an
eareeption to the ovidence, or to tlie indict-
mentr
Mir B. 5AfiMT. If my lord will plc;iso M •{ivr
us ihe iihcrly, we would Hhrwtlieni can lie no
venlict kivcu upon this iudiotmeiit.
L, C. J. Certainly tliia ia an imv^ilur pro-
ceeding ; this is iiui'sp time of exception to ihe
j»lgmi*nt.
Mr. i^hippa. Then, my kird, wesiw in your
JMdgtnisu, aa 10 the ppaaf ikat has bean niveti :
if a own be pmssnat m aiastinir if several iier-
lip % PmmmmSim Mnt^absut
Trial qfAmbroie Rooktcood,
killing the king, and this man is
but neither assents, nor makes
how it shall be done, whether tl
silent, and saving nothing, is sncl
as fdiall coq,vict a man of treason r
L. C.J. i tell you, oonsentini
ous design is an overt-act of hig
that consent be made to appear b;
Now the question is, What is a gi
evidence of this consent ? A man n
times St a treasonable consult fb
king, and tliongh perhaps at tb
not, yet at the second he did ki
meeting was for such a design,
the purpose there was but two n
at the second it is determined to g
design ; Is not that an overt-ai
cannot be proved that the priso
thing?
Mr. Fhippg, If the first meelins
sent or an overt-act, neither will
third be, if there way no more dot
first, but they are like so many c;
out a figure.
L. C. /. The first meeting posi
accidental, he might not know wh
though that will ge a great way i
dissent or du»over ; but when he
with the same company, knowii
bad in desiffu; does not that prov
That was the case of sir Everard
Powder Plot.
Mr. Phippt. But where it may
my lord, whether it were with a
or a bad design, that he met with tl;
it ought to be taken most favoi
prisoner : This man might be pn
to a discovery.
L. C. /. But besides, that is m
you are mooting upon points that
case. When Mr. Harris came U
wood, and finding them in some
being inquisitive what was the
was sent u> Counter ; and when I
what they were to go about, h
meeting Mr. Rookwood, says to
sent over to murder the prince of (
Rookwood, if I had known of this >
1 came from France, I would hav
king's, that is king James's pardon
to nave been excused. Hereby
Ilia knowledge of the design, anil
to do ; aud though he dislflfied, ye
orders.
Mr. Phippg. Tliere is no doubt,,
he knew of it; but whttlier your
construe his silence as a consent, i
the question.
L. C. J. A man is at frequent e
killing the king, and does not re
great evidence ut' liis consent.
Mr. Phippt. Unt it is not prove
actually consent lo it.
iSii/. 'Gen, My lord, we most
your lordbhip, whether this is nol
IMPoper and irregular at this ttnw!
arguing how Ihr thn cntact i»lc
8
209] fir High Treason,
hhtt ibe time pf^per for sucti tin nirgiiiDetit
dit. Gen. If Uiey will call thdr whnes^e?,
kt them ; «jt if they say they have ncme, then
iht-v uiAy make ibeir observations upon the
^ii«»Dce ; but else we desire we may be kept
miiie tisuai met bod of jmiceeiling^s.
Mr, Fhipps, With submission, we thoutrht it
fklo know I be opinion of (he court fir^t, if there
be iwu witne^Ases against the prisoner ; for if
tet be not two witnesses, as ibe law te~
•BRi, ire Deed not trouble the court vritb our
I
*r B, Shower, Then» my lor J, we mott de-
^ IliM tbe reeori) may tie read of captnin
^« eotivictloQ of luaDslaur^bter ; a man
s been ^^^iliy of doin^; auch an act, felo»
, mahcioijshy and voluntarily, us that is,
m nnt a coiiifjetenl ^ritneifs.
Ci. fJ'Ar. It haf been read already.
da 'Gem, 1 thought we hatt been over that
«ljKiio0 Fiefore.
Sg B. SAcater. We think it h proper for us
li Mfve it now a^ahi ; for tbouoph it is no ob-
MEfjoQ to bid beiujf a legal witness^ yet we
mf^ It will influence his rep*Jtation as to bis
fur lie ibat has been g-uilty of killing a
In guch a manner as the indictmeut lays
" ll find but little credit, we hope, with a
of comitrymen. But since it bas been
;, and your lordship and tlie jury have takon
of Vt, we will call some otber witnesses
Id Mr, Porter's reputation and behaviour,
mk they wiTl prore things as bad as nn
, I shall not open them to your lord-
heg leave to call oor witnesses, who
ac^^naint you what they have to a^y,
da. Gf». Certainly, my lord, you will not
ik 10 let tbcm do so. I desire they would
vm nny ibing* of evidence without ac-
the court what ibey call ihem for :
Were the way to let thein in to call
to thiu^ that are not proper.
X Nay, without doubt it is not regxilar
ti'pfiodace a»v evidence, without opcniDg' it.
Ait. Gen. iFor if it be for any crime that a
ntn may be presented for, and there is no cod -
fiction ; 1 think that ou^ht not to be given in
evidtnaee to take awav a witness's credit : f f it
beonlv tr» bis gencraf reputation and behaviour,
cy may jjo, and we cannot oppose it.
1 desire sir Bartholomew Shower
irm opf^i to the court of what natare hii evi-
ileoce is.
Sir B, Shower. Well, 1 will tell you then
what 1 call them to.
L. V, X You must tell us what you call
them to.
Sir B. Shoti^t' Why then, my lord, if rob-
tifiirtipo Vivvayjf clipping", if convers-
ing with , it fornication, if bng-gfery, if
any of tbe^e irregularities* will t«ktf utf the
credit of a man, 1 have inj^tmction^ in my
Wif, of «Tidieiiee of crimes of this naturi*, and
jMint porpofe against Mr, Porter ; and we
that by law, a priiioner standing for liis
m tlberiy to give an acGoaat of the ac*
VOL, Xltf.
A. D. 1696. [2Ifl
tioD» and behaviour of the witnesses ajjain*!
him. I know the objection that Mr. Attorney
makes, a witiie<<B does not come pre[mrcd ti
vindicate and give an account of every cctioii
of his life, and it is not commoi^ly allowed to
give evidence of particular acTions ; but if those
act tons be repeated, and a man lives in the
practice of them, and this practice is continued
tor several years, and this be made out t>y evi- •
denee ; we hope no jur3'^ tiiat have utiy con-
science, will upon their cat lis give any credit
to the evidence of a person against whom 6Uclt
a testimony is given,
3Ir. Phlpps, We are speakings only, my
lorfl, to the credit of Mr. F'orier ; and if wo,
can shew by evidence Ibat !ie is so ill a man a«
to be guilty of those crimes that we have
open eel, accord ingf to the instructions in oilf
brief, wc hope the jury will not think him fit
to be a gooil evidence against us in this matter*
X. C. X What soy you to this> Mr. At-
torney f
Alt. Gen. My lord, they themselves know;
that til is sort ol evidence never was admitted
in any case, nor cun be, for il mu«t tend to the
overthrow of all Justice and legal proceedin^st;
for instead of trying^ the prisoner at the baf,
they would try 'Mr. Porter. It has been al-
ways denied where it comes to a particular
crime that a man may be pvosacuted for ; and
this it seems is not one crirae or two, but S9
many and so long^ continued, as they say, and
so often practised, that here are the whole ac-
tions of a man*s life to be riot up, which they ^
can never shew any prececfent when il wae
permitted, because a man has no opportunity
to defend himself. Any man iu the world may
by this means be wonnded in bis reputatioii,
and crimes laid to his charg^c that he never
thought of, and he can have no opportnnity of
g-iving an answer to it, liccause he never ima-
gined there would be any suc^h objetrtiou : It
IS kinitig a man in his good name by a side-
wound, against which he has no protection at
defence. My li>rd, this ranst tend to the pre*
venting all manner of justice ; it is agutnst all
common sense or reason, and it never was of-
fered at by any lawyer before, ns I believe, at
leastwise never so openly ; and theri-tore I
wonder that these gentWmea should do it, who
acknowledge, at least one of them did, that ae
ofleD as it lias been now offered it has been
over-ruled ; arid I know not for what end it is
offered, but to make a noise in t!ie court:
They know that it is irregular as muth as any
tbiiitj" that could be offered.
SoL Gm. IndeeiJ, my lord, if the prisoner
at I he bar had oflTered this matter, if bad bf en
f xcusabte ; but that gentlemen of ibe long
robe, and who are so w^ell acquainted with thu
practice of the courts of law, shoyld pretend to
do such a thine^, is unaecountahle. There
was somewhrit like this tliat was offered at
Manchester, but that was by the prisoner, to
prove that one Lunt who wits a witness had
two wives, and they brouj^ht a copy of an
indictment upon whicU i\ixx< yi^ u^ ^^'lyi^e^a''.
J
8 WILLIAM m.
I
I
I
811]
after lEiat they endeavoured to prove Uim
guilty of scleral robberies ; but all tbat sort of
evidence was refused. I only give tlu^nt this
iJiKtaPce to shew, ihftt where "the prisoner has
attempied it, il has l)eeo always rejected ; and
I am sure they caonot shew tne that ever it
was allowed, even to the prisoner himself, to
give any thiuj,^ of this kiud in evidence ; and
Ibis 1 must say, they can never shew me any
oue parlicidrtr ini^^tiiuce^ wlieii counsel ever en-
deavourerl it> do it, before this titne*
Sir Ji. Sh&iier, My lord, 1 ment'otied the
particular crimes, the faults which I had in
my instructions to object against the credtt of
the testimony of capl. Porter, in answer to Ulr,
Attorney's desire, that 1 would ojien the jiar-
ticulars of the evidence, that I would call my
witneascs to the truth of it ; I was loth tore-
peat the words, I think the thing's themselves
»o abominable ; but we conceive, with sub mis -
iiou, we may he admitted in this case to offer
what we have oflfered. Sun pose a man be a
commonf lewd, disi»rderly telhyw, oij^ that fre-
ijiiently swears to tahhouil lor his life : Wc
know It is a common rule in p«int of evyeoce,
that airainsl a witness you shall only give an
account of his character at large, ot bis gene^
ral conversation ; but that general conversa-
tion arisen' from particular aetionn, and if the
witnesses i^ive you an account of such dis-
orderly actions repeale*!, we liope that will go
to bis discredit^ which is that we now ai^e la-
bouring for, and submit it to your lordship's
opinion whether we may Rot do it»
L, C* J. Look ye, you may brin^ witnesses
to give an account of the j^eneral tcnour of
his conrersationt but you do not think sure
that we will try now at this time, whether
he be guilty ot robbery or buggery.*
Sir B. Shi/ner, My lord, we wd I give you
an accoutU that he used to have a private lodpf-
ing*, and cume in with his horse tiitd, aiid
several other such things, as tbat he used to go
out in disguises, and the like*
Mr* Fhipps, My lord, I cannot imagine
why a man tbat has been giiiltv of any such
crimes f and is not taken, should be of greater
credit than a man tbat has beea token and
pt)nisbed«
X. C. J, Wliat istbat y^u sa3% Mr. Phipps ?
Mr. Phipps. ^ly lorJ, I say it is the crnu»
that renders a ujan infamous, and 1 do not
know why a mun that has had the good for-
tune not to be taken and punished fur great
crimas by him coiumittedt should be in a belter
condition as to the credit of his testimony, than
one tbat is token and undergoes the punish -
mentof thelaw.
SoL Gtn. Mr. C ha mock urged that as far
ms it wouhl go, but we are obligSl, it seems, to
hear things that have been over- ruled over
and over; but I desire to know of them»
whether they can shew he has been guilty of
a greater crime than he has confest himsielt
3,
• See Peake*s Law of Evidence, chap.
WitueMe«y sect. 2, art. General Chamctcr.
Trial of Ambrose Rookwood^ [212
{(inliy of in court, I mean of tlie intended
sa>isioation.
Mr. Phippt. No^ we agree we can not ; hut
pray let us prove him guilty of as many
crime* as we can.
Sot. Gen. But, tny brd, 1 ho{)e you will
keep them to ihe general question of the CQfn%
mon ordinary tenonrof tiis r^nversation,
8ir B. Shouer. Call Mr. OldfieId» Mb
Nicholas, Mr. Millbrd, 6hck Will
[Mr, Mitt'ord appeared,
Cryer, Lay your hand on the hook. Tii«
evidence that you shall give on behalf of th
prisoner at the'bar »hall h# the truth, the wbol^
truih, and nothing but the truth. Ho bei|
you God.
Sir B. Shovecr. Pray will you give my lorJl
antl the jury an account whelher you knoi*
captjiin Porter, and how long you have knowi|r
hirn ?
Milford, I have known him about fonf
y ears-
Sir B. Shower. What reputation is he off
Miijhrd* I never knew any hurt by bim i|
my life.
Sir B. Shower, Pray what is your naoief
Miiford. Frederick Miitbrd.
8ir If. Shower. But the name tdk my brief I
John Mil ford, that is my man.
L.C^J. But you sec ibis man knows hln.
Sir B. Shoutr. Call ftlr. Oldfit- Id. ^
[Which was done, and he appeared
inglvO,
Mr. Phippt. Do you know captain P^
Oldjield, Yes, I do.
Mr, Phipp$. How long have you knowi
bim?
Oldjield, T believe about twenty yean,
Mr, Phipps. Pray will you ^ive my l'-^^—
and the jury an account of his lite and coAvec
sal ion.
Oldjield, I can say nothing, he was aliray
civil in nsy company, but he was lewd in '
discourse.
Sir B. Shower, What do you mean by bei
tei^d in bin discourse T
Otdjitld. Why, he would be talking
extravagantly.
Mr. Phipui, What do you mean in talking
Was it of what he had done himself, 8ir?
Oldjieid. No otherwise than that he
whored, and those kind of things.
Sir B. Shotiitr, What other things
whoring?
Oldjield. I know no other part of it.
Sir B. Shoucr. Where is Edward Boucl
(He did not appear.)
Mr. Phipps, CaU WiUiam O^Bryan
did not appear.)
Sir. B* Shaver. Where is Mr. Page, and
IlardimaD ?
(Wone of them appeared.)
Cryer* There is not a man of iheio berl
Sir.
Sir B, Shower. Mr. Webb#r, Do you kooi
where they are, fur the court stays fur them
I aooi^
1
(Bi
Jar High Treoim*
Webber. Inilced I Jo uol, llicy were
turned to he hrrc'.
Rf B,Shimcr, Where is Black Will ?
Crjftr. BUck WUI. (He ajipeai-e*!, und was
JL C. J. Ask him if lie be a Christian.
I Cryrr. I bav« asked him, and he says he is
ICJuistiaa.
(ThcD he was sworn.)
, /, Well, what do you ask hitn ?
^BoDkmoad. Will, Pray gire an account of
rQinster^aod of his file and convt'ifcatinn.
. Phtppt, You are sworn to I el I the tmlh,
-Uciirt.
It. I served him almost ei^ht years, aiid
L» t>ee-o a rcry good master to me, my
Shvwer. What do you know him to
af?^WilL Nothing al all.
Shoxer, 1 beUeve they hare put in
• men to confirm his reputation.
hCJ. Indeed,! thiols the king\ counaeT
iM hire called these witnesses if there had
t aceaAioa.
rB. Shower* We siibmit it to your direc-
Itow far this e?idence will aflect him ;
inolbiogsaid, aswc ap^^rehend, that wilt
, to treason ; if the prisoner lias a mind
_ any thing^ himself, we hope your lord-
» will p leasts to hear him.
. J. Aye^ if he will, let him.
od, Wy lord, Mr. Porter dops not
I consented to command a parly «
C. J. Is that all you have to say f* Then,
tatUmcat w ill von sum up ?
. Ctmyeri. My lord, we are agreed j we
t to the court' on btfih sides.
i C* J. Then, gentlemen of the jury, the
rat the bar, Mr. Roukivood, is indicted
Ibi^-treason, m compastsiug^, irna|riiiing,
Imtetidin^ the death and destrnction of the
, by a itumi barhaitius and wii'keil assas*
you have bad an account of this de-
two witnesses that have been pro-
the one is captain Porter, the other is
ris» who swear ihey were Inith con*
< as actors in it.
Captain Porter tells you, about the tatter end
of Jinimry, or the beginning of February last
ot^^e Barcley came over into England
(France; and there was a former ilesi^i
der the king; and al^er several meei-
conferences amon^ the cons|iirators,
itne to a resohitiun itiat he shnnlil be a<;-
Bled ; but which way to effect ii^ ad-
l of a dispute among them ; (or the kin^
yoa have heard, going frequently, aliont
tm week, a hunting on theotlttfr side the
Richmond, the design was lirsl to
ISBvituite hitn at Hiatimond P/^rk, or tlierc'
Rl he riHurufd from liiinLin!jf, and pre-
vras made acci}rdin;rty ; bui thai not
folly agreed upon, the convenicncy of
held iiill some debate; for sojne were
, _ .A* that it was better to make the at<
Irniptao ibii ii'Je the water» tbao un the other i
A,C. ie9f.
[21*
.iKai
tfftma
. Uarris
theTefore, as Mr, Porter tells yon, to deter-
mine that tlifficulty, ihfre ivt^re several men
sent, wtit?rei>f he was one ; Knighltey another,
and King a third, to view the ground on both
sidas the water, ami to make their report : the
grannd Ijeing viev»ed, and the report made to
some of their aecom|»lireJ3, v%lio to receive it
met at the Nag\s'Head in Covent Garden,
which was about the tenth or tvvehUi of Pe-
brnary last ; it wa^r (hen agieid Ibai tlie king
and his guards slmnld be attacked on this side
tlie water, about Turnham-Green.
Mr. Porter has told yon, that at several
mpt'iings lor I lie carrying on this design, the
prisoner Mr, HiM>kwood was present* m<>re[iar-
ticubrly at the Olobe Tavern in Haiton-garden,
where were also sir George Barcley, Mr.
Clianioek, sir William Parkyn^, himself, and
others, and tliere they did enter into a consult
liow they might assassin ale the king ; and it
beini^ proposed, Mr. Hookwood did not like it,
as Ml'. Porttjr says, but said it was a desperate
a I tempt ; and thereupon Kir George Barcley
pulJed out a scheme tbi^t he had, and shewed it
at that time to Mr H<iokwood, and said, yoa
Hte sent over from France, and ate lo obey ray
orders, and you are to command a party ; and
then Mr, ilonkwood made an answer in French,
' There's an end of it,* which, as he says, im-
ports a consent.
Then at another time, which was tlie Sa-
tnrday morning the 15ih of Feb nary, they
met at captain Porte r^s lodging, and there was
a discourse about going on to put the design in
execution; and one Durant, otieofihe men
that was lo watch the king and the guards
going out at Kensington, came in, and th«
question was, whether they should go that day
upon the design? They h&d di^tcuur^e abonc
it, and Mr* Huokwood the prisoner was ihera
present, and there did not up|>car any dissieat
in him to the prosecution of the design, but it
seems it was readily agreed among ihem, to
pursue it according to the former detertaina-
tion.
Then the next witness that is produced ia
Mr, Harris, who gives you a large account of
the beginning of his knowledge, and of bi»
being concerned in this matter ; lie tells you
he was in France, and at the court of St* Oer-
mniits, where the laic king then was^ and tliat
he spoke with him, and xvhere was also co-
lonel Parker ; and king Jiiines took notice of
him and of his taithfut sen ice, and tuld him^
he ulways designed him a kiulne^s, and then
h'^d opportuuily i>f doing it, jlthI «:atd he would
send him over into England, where he shouM
he subsisted, and directed him to obey th^
orders <if sir Oporge Barcley ; and there beiog
one Mare by « who was to come over with him,
knvj James gave them both names of di!$<^uise
wtiich ihey were to go by in England, and, as
it ^eeuis, i»ther& that came over did also assume ;
tor Mr. Rook wood went by the name of Ro-
berts, Han is was to go by the name of Jen*
kins, and Hare by the name ofGuiney; they
were directed to apply thftxtselroitoiirGeori^c
I
I
I
I
I
Biircleyf ^Ttd had ftirRctioDS how lliey shnuL]
f]|]d hint^ lihith wtre lo f^ointri Covenl-g:ar<leii,
in the ev*>ning, ujmti a Momb y or a Tlnii-siby
unrj it' they nnw ii persui) thiit had a vihtte
hantlkerchitrr hanLi";^' out at liis pcu^kel, they
were to Xnke nonce »it' him tn te sir Gc-orije
liarcley, urMl liny hud len levvisd'itres a piece*
tor Ui^ir ji}ume\s tt* carry Ihem uff; ami 30U
haF(7 hi^ard tram whom tney had itietii ; anil
|bey were toM, ihai ifat Calais they were kept
2im|i^ei- than I hey expected, whereby their mo-
ney was spent, care wns takf^n tiiat they sihould
i>R till ppl led from the governor of Calais^ the
Sresj.letiithere; and it sccm*i Mr, Harris and
Ir, Hare m ent together to Calais, and lay a
coaHiijerdlde lime for want of a wind, wherehy
Iheir oioupy fell short of defray injf their cx-
peuce^ ; hut thry were afterwards aopplied by
the (Tovernor of Cnlaii, acrordioj^ as was pro-
iniaeil at St, Germains.
Gentlemen, lie tells yon, thai af\er they came
intu Eot^huulf tlie firt^t time thny went to seek
air Getiix'e Barcley, wfts npon the Monday
uitfltl, huL ihi-y didnot find bun at thyt time ;
hnt al'teruauU thry met with him, and Mr.
Harris hail snbsistenee- money from him, ac-
cording to kinj^ Jameses promi<«e, which vvai> lit
^he rate tA' 5i. a -day, when he had rm horae»
«nd afterwards when he bad a lior^e, at 6*.
fi-day ; this is the account he ^i^ca you how
lie came overt ami of his jounjey and inetftiniif
with sir Grorye Bare ley.
^nd now he conies to «i{)eak particularly con-
cerning* ilie prisoner at the bar, Mr. KookwomI -
He tells you, that on Saturday morningf I he
l^th of February ^ the first day when tliis as^an-
■inuiiou was deniirucd to be committed, he wi nt
to the lodi^itig i>f one Burk» wheie Mr. Rook
wood was, with others, and he found tlipm all
ia a i^eut dii^oriU^r ; and ihi^reuiiim Iil^ asked
rijeni, what wjir the matter, and what they were
l^oin^'' In do ? And Hftokwood bid liiiu go to one
Conuter, aiid Uv shuuld know ol him whal wu8
the matrcr : acoordtnifly he went to his h»d^*
la^, atid Counter told him ami those vUio weie
with bnii, tliat ihey muiit {^f't ri'udy to go to
Turnham Giien ; tiiid at the same time and
jdace hi' mt*t widi sir Giorj/e Barcley , and atWr
tome ttiNcouriie of aitnckui»,r thi* coach, sir
Ge^iri^e Bdrclcy at the fir^t said, they nvre tit a
iiinizarie< j ;ttu\ athrwards ^TfjjM^ out, he caiue
in ngaui aiul sbhU llit-y were mm ot houonr, and
ihut iiu y wtre to go ahroad lo attack tlie piiuce
pf Oninge,
The n«'Xt day, or a little time after» Mr,
Uarriv mei witi» IVIr, Hook wood, and enters
jntii discourse \* ah hrni to iIiir cHVcl : \\ hai !
jire we sent 01 cr to aiunler the prime of
Ornmre? It m a strange sort of employment :
(for It fcecrn» lliey wer^^ not inrormt'tl iuViauce
what lliey « ere to do here, hut they viere to
put themseKes under ihp cjihiuci <d »iir Gemije
Barcley, nndohe^ lissordcTS ) Air. Uuok^Mlod
taul, he wiw afraid thetljint^ vas >o, mid tliat
fhey wcredniwnin ; hiil said. It he had Unov^n
pf the dt-Mii^n helore-hnnd, be would out have
^fce o^ei*! but bafe begg^^ the king's pardou.
Trial qf Antdrase Roohmod,
Which »ihews not only \m knowledj^ of
desifrn, but bis being engaged in the pn
tion ot it.
And then, Gentlemen, you are told fiirti
Tl»a< upon the gfoin^f out iipon8dlurdn\ ihe \
whii b was the second time it w^^ to have i
put in execution, there was a \\^\ of meo 1
Mr. Uookv^ood |ravfc to Mr. Harris of sei
names that he ha« mentioned to vou ; lie sa'
Mr. RookwoodV niirne waii at the top, 3fi
that was to command the party, and I ho m
he went by w»& Roberlfi ; and there was (far
connterteii name, which u as Jenkins ;
Hure*!i comiterteit name, which waa Guii
and they wtie to nifike ready lo go to T(
ham-Gietn. He tohl liim, there was a
and thnl be and Harri<i was f 1 be of hifi pari
that he nus to attack the prmce of Orantje,!
that Mr. Harris .should l>e bt^ aid ile camp,
G( ntlemen, I fur^ot to tell you, That betwi
the tirstS^aturilay and the aec<md, Mt^. Han;
Mr, Hr»okwondt anti Mr, Lowick, walkriig
Hed-Lyoo- Fields, and tht^re in di^coi
amonf:*themselviii, Mr, Hun is and Mr, Ron
wood did express tiietosclveR lo he iiiueb c
cerned that they were to lie employed u
m»ch a desig'n as this was* w bich they owi
to be tery Jiarltaronai hut Mi% Rf»okwooiJ \
Lowick said. They were under comiuund, 1
tnuKt obey orders^ though Mr. Ruokwood
not like the design they were enifatfed in.
CJeiitfcmetJ,thev hii*etutd }ou ol horses I
were plai"©!! at fciuraenwt- ho«ise in a sti
thtre, under the cpre of Mr. Lewis, my I
Fe* ei'sham'si gemleman of the horse, about
or seven horspK, und those n\ horses tf
thereat that time were afterwards taken
but that \s only a circumstance,
80 that, Oetitlem^Ut tins i« now the aitm i
siibvtQUce ol this evidence thai has been gii
you, as tar aii it relates to the prisoner :
counsel in his ilctence have ins i^teU upon 1
veral ihiogs ; in the tirsi place, thougU i| 1
last merit loneil in tune, yH ii ou^hi to have \
first con!< id etation ; the ciiunset for thepriaoi
have endeavoured 10 lake otf ttie credit of ]
Poller, ami have 0|ieneil indeed very jjri
crimes ihut he Blioufd heg<dhy ol« whn h nil
»*ender htm a person n>*t u» be lieht*%edj I
tbty have not plowed iiny thio^ ; no utni
that they haie calleil ajjaiiiHt Mr. l*oit#r*a
the leufit a;(auii»t Imii lo invalidule hiK lestaiicii
or to induce yon lu disbelirte wIihi iic baa sfl
Thtn they Ray in poitit of law, Tliere is
overt- art pm^nl fd' iin> design agaioM |
kiiig^s hfe ihai affects ^\\\ Rtkokwc^od ; ui
that main-r you are to coiinider of, wbethep*
noil ilots a|*fi^»r by the it'^iuuony of two n'
I ne^^c^, that Mr liooki«ood hqs toneertiml
this desif^ii of U9»jia«}iirialiiig the kiOiT ; Cft|ill
Porter is pruiitive that lie ^^ aiv 31I the cuu!»uli
the Glolje-iavern, where it nas firopt^Ftd, 1
battd, and resoked upon ; but Mr, Rookwc
Kny.s, hu <ltd dii^like 11 ; (^o ^uyscapiatn V*\
lit- d d not Hpprove of it at the fiui updn |
bi tit;; ioifuuhitid ui h it-, but bein^ m
j to obey the orders of sir George Dardey,
•UUUl I
imi
High TreasomJ^
George Bareley producing a sclieme ready
drtwn« wlief^m he H4« tu cntnmaiul the party »
l«Hij]g hitik^ that be mtisl n\\ey oide rs. Wan
hrar wbai he sakI, uitl tl>e answei- he rrtiirnect
inPraiichT Tbrre is an etui oi it ; whether that
4iCi Mtiamuutil to a amsfut und a^rt^t-ment tu
biiOgfm^i in lU« cle»i*^n, is l«t'l m ytmr codsI-
4ii»liiiii ; trir i^' ii ilo^ it is pUmly an o?ert-act,
Tben, Genlletiien, yau hcAr further, that
liiiTTA was luld by iVlr, Rjokwocvl, that lie
■hAQlii b« orbts party, and le his aid itu campi
»B4|fotuTuriikiaiii'iir4^c'tJ to attack the prince
iift)r»ni^,and Ue had a]t»tot men given Iriuihy
Jliikiirooti, and viras directed to get the rc^t
ICfiff^&^cKH/. That was not in thcindietmcnt.
L*C J. But you were at that rattling, which
1 lU the itidu'tnieiit.
itrood. My lord, that list ig not in the in-
em ; the list in th« itidtctiiient rctcrs to
Mr, Cranbume,
L C J* Sq, but thai is an evidence of yoar
kifif in ihede^iun; I hope ih»t list of nieti
•iit^aitfiieetideQceot the Lunjieut and aj^ree-
■mtiJiaiMr* RookwouJ WHS to cifinmanJ a
6ur B. Shower. With ffubmission, my loril^
i^ftbcaci seem otIitTwise, and that
&htiii1d bt*|^veo in evidence, that is
iy allrili^ed.
L. C* /- But ran not there be one act, that
m%\ \m [if*H%i of another uet wbirh is a! ed^ed I'
liir B. Sfnm€r> Then there \s no advautau^e of
Ibiv lanr ; |iir« my h*rd, the end of the act uus,
Tttal tht y dhuiihi ktiu . the puriicuhir cnines
tbsltbry Merc to antiM^r tu.
LC'j. TUat cotdd ne^er be the end of the
law, \\ml all particular facts that are hut evi-
4ri3«F oT ibt' tnc)^ al led cieif should he set forth in
tW 4mJ*eUiietit ; it mii» sutlicient before the act,
to 4J**<d|;r any overt act; mid any oth^rovfrt-
aci, |Jb«Ma|^U iiut alh'd^^tdautil h^d no relation to
|lw ofipf t-sct that Masaiti'd^ed, ytt if it ucre
ID ilie cainif s^irt ol ireasou, might be given in
*ftr B "^hoirer. The law says, Ye sltaU not
^r e«iilei)i'«> of any overt-act that is Dot ex-
H ui«£iiiio(jed«
C J* It i« not urg^cd as an overt- act,
ft r»idence of ati overt- net ibnt is alled^rei) *
liriailsiiee. theov<rt-ait alledged iii, tbuf they
M HMWl attd conduit, ^hall not ihey fi^ive in
fvidf«l04$ wliat Mixv, ^idHiiiM^ii^ ^* thosi: tneet-
IDfpi, tliautrh not iilUdired :' ^ijr George Burctey
^roilnc4^i a sbcbeme at the (j lobe- tavern, $iball
oat tbe producing of that scheme be ((iven in
v^vU^tictr ^ If it may, why n^it the giving the
list tM Harris?
Mr V^ihjtfti. !^Vy lord,, it U plain it was
Itr Attofuey's opinion, it couhl nut ije gi*en
h ^viueoce, noteH!4 it wns alletlged in the in-
lifctiuent \ liecao'^e he has particularly al-
Id^l lh« bM lu Craubnrne^s case^ in this
bilifitinefii.
Oen. I know not ivhat those srentte-
by \\\i% twrl of practice ; certainly
iiet«r urera w^ mftoy irreg'uliM'ities com-
miitcd in any trial as in this, and tinw parttcn*
larly to break iu upon the court in the midst of
tlvc eliur^e,
L. C. J. Nay, nay, if ihcre l»e any nxiatakep
let us hear them, ih^it it n»uy he recltliied.
L. C, X Tre6y. I think we should receivo
them, to iiT if they can o*ake it our. But the
objection 1 do not very wi-ll understand yet j
^r, as I take tbe matter to stand, it is alJed^ed i
in the indictment, that ttiey hail prepared men
and anus, and horses, fai the execution of this
desijfn. Now ii it not fpa^onable, or can
there beany thiniif niort* proper, than to g'iv^
in evidence^ and prove that the fnisouer had,
and dehi ercd to some of the complices^ a hst of
those men that were to do ilf ^V'hy, it proves
the very thiti^ alktfged ; but let usscewbe*
ther it he so.
Sir B. Shower. My lord, there is do eucIi
thing a Hedged,
L. V. J. That ts strange ! pray see if It b«
in tb& indictment.
Clerk if Arr, (Reads.) * Conreniebant,
* proposuenint, traciaverunt, consuliavernnt,
* consenserunt, et a|^reaveiuut, ad ipsum Do-
* mhium Kegem nunc ex Insidiia et Dobper«
* cniiGiHUim^ Angiice * to as^ssinate,MDto^fici-
' end urn, «t murdrHndutn ; el ad execrahilemi
' horrendam, et dctestabilem Assasbinationem,
^ Angtice ♦Assassination,* et interfectionem
*^ illam cilius exeq»iendum ci perpetrandum^
* postea scilicet t^iadem Die ct Anno, ac di-
* verbis alii^j Ditbusot Vicihus, apud Farochi*
* am pro^diciam in Comiiatu priedicto, prodi*
* torie troctavtrnnt, projH'Huei imt, et consulta-
* veront *}e Viis, Modis H Mediis, ac Tempore
* et Loco, ubi, qnando, cjualiter ef quorimdo
* dictum Dominuiu Etegeni sic ex Injiidiis fa-
* eilius iiiteriicerenl ; el consenserunt, asjrea-
f vcTunt et asseuserunt, quitd quadraginta
* Hiimiues equestres aut eo cir<'iter, qnorura
* ii*ltm IJlirisiophorns Koighlley, Rohrrtos
' Luwicki Amhriiiiius Hookv^ood et Caiolus
* Crauburne Jbreut qiiatuor, et quilihet horum
* proditorie sujier se j*usceprt esse nnum, cum
* jjomlmrdis, Sclopis et fciclopetin, Putvere
' bofidianhco et GUdiuUs plumbeis oner at is, et
* cunr Ghifliis, Ensihus ct aliis Arm is annali
< imiidtiiti tortnt, et essent in ^iubse^sn, Art'
* gikt *■ in ambuiib,* adundem DrMiimum Rc«
* ^em in ftbeda sua, An^Occ *■ hif* coach,' cx-
* ihtentcm, qnando IbriN iret invurteudum ;
* quodqne quidam et competens NuTuerus do
*• HuminihuK il i^s^ sicarmatisinHaielhteft, Art'
* glke * I he guards,' ipsius Domini Regis euni
' tunc attendenies et bee um existciiti :^ agtjrcssi
* ibreut, et eoa expugnarent el deMnterent^
^ d nm alii eonindem IJoininum sic armiatoruiii
* ipsum Dominura Regtm perruterent> inter^
* tkerent, occiderenl ct murdrarent/
Mr* Ctwyfri. And, my lord, there k cH-
dence of some of these forty men, wKoM
nameti were given in a list by Rook wood t»
Harris?
Mr, Fhipps. But now, in CraDbnrne's perl,
the list is expressly altered as an OTert- icI*
Ttiai of Ambrose RaQkw:oi^
I
L. C. J* Never talk of Cranbum^, we have
Pdi him before Ui» uovt ; Imt wbnt ilo yua »ay
10 this of the ru.i|riven Uy Rookwuod to Harria ?
Hit B, Shoicer, My Lord, «ie s:i y this b
not evidence of aa overt- act, aceonlini^ tu tUii»
act of porhameol ; whicb sa)s, wo efi«kiiee
shall be given of any oiert-act, ihut is imt ex-
jiresBly ^ledgeci in tlic iuiliftinent ; lujw ihe in-
nictment says, tbey did sy^ree that T^rty hi^rse-
men armed, ot which liietour named werei<» In?
foor, and every one uudertook U> ii€- otie, ^vbo
fthoiilti lie ill wait to svi upoo ilie kii^i; in bis
coacbf aud a competent dumber sbuiild set upon
the guards; and then it E»ay$, in ordtitr to fulfil
this, they did pre^iare tiorscs and arms, and one
of Ibemby ihe cooseui ot all the rest did <'arry
forward aud backward a hst, that is, Crao-
bume; atid that partirulur hst is a purlictdar
overt-act alledged hi the indicltiient ; which
makes it plain, ihey thought it necessary to he
particularly alkd^ed by iliis act of parha-
lueDt, or they could not g-ive any evidence of it ;
now the list tliat evidence is given of, is sup-
posed to be delivered by rhe prisoner to Harris,
Now first we say, it is not evidence tliat torty
ahould du it, for tbey may dr* it without a list;
and next, it is not e%ideiite of iht; hst that tbt;y
have mentioned, lor tliat is alledged to be car-
ried about by Cranburnc j iiod as the prisotier
himself has observed, this litit ^iven to Harris
is not in the indictincat, and iKeretbre no evi*
dence cmo he given of it,
Mr. Conyns. It is an evidence ofthat overt-
ftct wbicli is el press ty alteJ^eil iu the indict-
iQent, that they met together to consult how
to effect this treason,
Mr, Cow per. My lord, wc are In a very
strange case berr, it we be not very proper iu
this part ol'our evidence; the overt-act livid is^
That the prisoner iint together wilh olheriJ to
consult how to assassinate the king, and tlui e
the prisoner among' tlie re^t did a^ree it lihould
be done so and so. It in admitted the prisoner
was there ; hut^ say they, if you only prove
that he sale by while there was a ja^cner^d dis-
course of such a matter, but do not provi^ ilnit
li« said or did any tiling expressini^ his usscnt^
that will not amount to a proof of the overt -uct
laid ; and yet, if w t? go abtuii to prove further,
any act done that manifests his assent, then ihey
fifty you go too fur, and prove an overt- act that
in not menuonetl in the iudictment. Thtis they
j^rant, the agreement U a sntHcient overl-act,
but object, that being' present barely is nol a
snflic'ient proof o!" his n^reerueni; then whcii
ive go to make prool of any thing' that is a auSi-
cient proof of bis agret* menl, they teU us it is
not proper upon this act of parhamcnt, be-
cause nut hiid in the indictment, though his
agrei'meut be laid in iho indictment : And m
they would amuse us, rather than mJike any
solul ob|ectioD to our evidence. Thi^ doctrine
is certainly very o<ld, my lord, and we doubt
not will bavc hitlc weight with the court or
the jury.
Ait, Gen, According to this doctrine, all ibc
evidence mu^ be put in the iodictuietit.
L, C. J, Tbey ask you, wbai Ais givii^
tliis hst does prove.
Alt. Gen, His tt§rr<-eing at that m^^liner
the cuuspirary, and the esecutufu of it, by ^t
ing that list of the names of iheni that were
he of bis parly, aud his own name as eoti
mauda* of that party, this he I'-ives to one tli
was to be nf the party, and particularly wan
l>e his aid du eamp^ in order to ^et them read
(or the txeculiun ; is not ihis an evidence
the agreement, which is the overt^act? N
man in the world can he convicted of treni
if thi!!( doctrine be true.
ihf. Lien, My lord, tbey have not txpi
something; m tfie iudintmifntthat has beeu
which will make it plain tlmt tins is the
pfO|»er evidence of the overt-act taid in liie
diciment. The indictment tiays, tUey
there hiHinld be forty men or ihcreaho
ed, of u hich a certain number shouhl m;
assuult upon the king's coach, while aoi
purt sliould set upon ihe guards: N^
proof wt: tnake is, that I^Ir. liookwooil
soner was to command a party that w
upon the guards ; and in order to it, '
a list of bis lueu to Harris, who was to
aid du camp, and bids hiui get those
reiidy ; and this was upi»n tlie day that tl
nmtler was ly be acted ; So that it proves vcj
pliiinly that oven-act that we suggest in ll
iudictment, that a certain number of thoae mi
were to ai^sault the king's perMoo, and tini
the guards And therefore tiiey ueednl not
huvtf interrupted your lordship; for this I
that Harris s]ieakii of is a very good proof
tlie (jveit-act that is laid iu the iudictment.
L, C X Then, gem I em en, as to this
which they have objected, that this liat gii
on the day of the intended asisa^inutiou, oi
nol U* ha nlhiwcd as evidtnee to prove: the ti^
son^ because it is not fipecially laid in ihe ti
dictment, but i« by the lute act of parliame
excluded from btuig proved to convict the pr
souer: Now though itie act d<*th exclude tf
{giving in evidence of any o^crt-act that h n
laid in the indictment, yet it doth not exclui
tiiah evidence as is proper and (it to prove tin
ovt rt act thai is laid in the indictment, T'
tore the <pit:!3»riiio ia, VV heihcr this giving of
hst drich not prove some overt -act that is
led^cd in the indictment P There is in the ia
dictinent an agreement l^iid ti» kill the km0
and if that Itc piovtfd, that is an overt-act of tlii
treason. Now when the cum sent and agre
rnent of 3[r. Kuokwood to that ilesign isprorc
surely the proof of his giving a list of men,
a furlher jiroof that he did sgree to it, and ihi
it is very proper to be niveo in evirlence -, t
if by the new siatoie no one act r^^n be givi
in evidence to prove {luollier, th' u must a
uii\y the 4jvei t-act, hut also the evi^ience of
act'be ejcpressed in the indictment,
ifontlcmen, Vou have lieard ihe witiK
wfial they tmy c-ucerning Ibi^i mutter. J
first place, if you do believe that there wj
cojiisnlttt and meeting!^, where tiiui inteoi
soisioaiioD of the kmg was debated and
a
Trial qfCharUt Cranbufne.
A. D. 1096.
[S».
I, mud tiMt Mr. Rookwoofi was present
a^ree to it» tbal is an overt-act: And
r yoa are ntisfied that there was an
lit to prepare and proride a number of
et opon the king and his guards, in
iDcr yon have heard, and he was con-
n making this provision, and was to
ost, and command a party in that at-
t is a further proof of that consent and
nt that is laid in the indictment.
men, I most leare it to you, upon the
that you hare heanl. If you are
upon the testimony of these two wit-
bat bare been prodoeed, that Mr.
nd is gailty of thbtreason of which he
ed, in compassing and imagining the
' the king, then you will finuhim
If yoQ are not satisfied that he is
eu will aoqoit him.
Jr. Cryer, swear an officer to keep
, (Which was done.)
J. Now, if yon have any thing to
I behalf of your other clients, pray
Skoteer* Yes, we hare an exception,
r a one of false spelling.
J. If so be it be any such matter as
i move in arrest of judgment, it bad
eseiied till after the verdict. .
. Skomer. Our exceptions wiH serve, if
be, for Mr. Rookwood in arrest of,
It, and tbey will serve for the others
■event the trouble of the trial, if we
or lord^iip's opinion that they are good
I the Jury withdrew to consider of their
jwl after a quarter of an hour's stay-
.Mwned, and gave in their verdict.)
fJr, Gentlemen of the jury, answer
Hmrs. Samuel Powell.
^melL H«i«. (And so of the rest.)
Cryer, Vousavez.
CC, ofAr, Gentlemen, are you all agreed of
your verdict?
Jury. Yes.
CL ofAr. Who shall say for you ? .
Jury. Ourfoi-eman.
CL of Ar, Ambrose Rookwood, hold up thy
hand, (which he did). Look upon the prisoner i
How say yon ? Is he gnilty of the high trea»
son whereof he stands indicted, or Not Guilty F
Foreman. Guilty.
CL of'Ar, What goods or chattels, lands or
tenements, had he at the time of the treasoil
committed t
Foreman. None, to pur knowledge.
CL ofAr, Then hearken to your verdict li
the court has recorded it. You say that Am-
brose Rookwood is guilty of the high treason
whereof he stands indicted, but that he had no
g[00ds or chattels, lands or tenements, at the
time of the high treason committed, or at any
time since to your knowledge, and so you sav
all i»— Jury. Yes. ^
Mr. PmoeU, We desire we may be dia*
charged.
X. C. J. We cannot do that, till we see
whether there be enoo'gh upon the other pan*
nel: We will give you as much ease as we
can: We shall not, I suppose, tiy the other till
the afternoon, therefore you may take your
ease for the present ; but you must be about
the court when the other trials come on.
(While the Jury was withdrawn, the court
offered to the counsel for the prisoners, that
they might move what exceptions they bad
before the Jury was sworn as to any of the
otiier ; which accordingly they did ; but that
relating to the case of Mr. Charles Cranburne^
in whose presence, being then at the bar, tbe
objections were made, mat part is left to bia
Trial.)
The Trial of Charles Cranburne, for High TVeason t At the
Sessions of Oyer and Terminer for the County of Middlesex,
sitting in the Court of King's-Bencli at Westminster:
SWuliamIII. a. d. 1696*
Aprii SI. 1696.
SR the trial of Ambrose Rookwood was
bile tbe jury were withdrawn to con-
r^Sacir verdict, the court proceeded thus :
:. J. (Sir John Holt.) Mr. Attorney,
w3| yoQ hare tried next ?
Gem. (Sir The. Treror ) Cranburne,
letdAmpleaiei.
if Ar, Then, keeper of Newgate, set
I Cranbome to thenar.
.flSS. Holt, 68a. Bast's Pleai
Gk»«i^e.S,a.40«49|6S.
L, C. X You, ffentlemen, that areof coonsei
for the prisoner, if you have any thin(|f to 1
for your client, you may move it ; but first let
tbe prisoner be uere.
(Then Charles Cranburne was brought to the
bar in irons.)
L C, J. Look j^ou, keener, yon should take
oiTthe prisoners irons* when they are at the
bar, for they should stand at their ease whea
they are tried.
See in this CoUectiooy ?oL 5, p. 979.
I
I
I
I
8 WILLIAM IIL
Keeper. My lanl, we UaTe no instruments
li«re to ilo it jnsjt now.
€L of Ar. You may send Lo the Gale- bouse,
tod borrow insiruuiciits.
Just Pouxti It sJiMild be 4uoe, mdeeit j
L. CT J. Well, go on I sir Baiiliolomew
Sbovver,
ii//* Gen. My lord, bf^foreuir Bardiobmew
Shower cuter upon his excrptioiiK^ ut)1c<i«i) tboj^e
exoefitiofHj of bi!» »re some of the pMiiiculars
m^nttotieO io this acl^ he imiNt tir>l do it tnav,
after plea pleaiJed, befur^ ibe trial ; btil be
iDUil ilo it in arr<fst uf jufl|rrtieDt.
L. C. J. Trcbif, It is true, regularly ; but
let bitu use his own juilgment.
L. C J. It is very true ; the course ha? nol
been to allofr them to ino?e to quasb an imliel-
meiit lor treatjon, or felony ; but it may be done.
Ait. Gin. 8ure, it must he only ft'r such
thinffs aa ihey cannot take advantage of in ar-
real m Juilg'tnent after ll»e verdict
L, C J. It hats uut been the eonrae, but it
may be done.
Ail Gen, Not where there is an isaiie join-
ed, and a jury returned to try ihnt issue ; I be-
lieve ihat oever vva» done, nor ai tempted.
L.C. J. Triby, If there were any prejudice
to the kro^ by it, it were not fit for nn to alter
the course ; but tel ii5 hear \% hat his ei^ceplians
«i*e.
Sir B. Shnwwr. I have several exceptions ;
five at least ; one of them is within the very
word« of the act, that is, improper Latin ; I atn
aure some of it is so.
L, C. X Well, let's bear what that is.
ii\T B. Shower, It saya, ^ anno re^ni dicli
• doitiini regi< nunc ^eptimo,' and Lewis is the
last kiofif rtienttont'd before ; and so here in no
year of the king of Eng^lond meniione^l. It is
A certain rule, that relatives most refer to the
last auteeedent ; and that rule hol(]» ahrays,
unless there Ue weirds thai accompany the re*
lative^ which undeiiiahly shew to what it
refers*
L. C. X Aye ; but do we call the French
kiB^ * cfominus rtxf*
L, C. J. Trehtf. He would have beeu bo, if
hm had succeeded in his invasion^ aud thi^ as-
sassin at ton.
8ir B, Shomer. In every indiclmenl, if there
be occasion to mention a former kin^, il \% al-
ways nupcr res and such a one, naiiiin<T the
©aiiie of the kiuj?, where llie preseut king's
Dame does iiiterveue, to prevent contiisioo;
and so in civil actions it i« the same ; and so it
shouki have been here.
L. C, X Ay , but I tell you^ it is * dotninua
' rex nunc/ which i^ our king^.
Mr, Phipps. It iii not said * Anfjlia?/
L.C.J, But wherever it is * dominns rex,'
we understand it of the kiniif of Kny:land^ and
nobody ehe» Readnhe indictment,
Ci.of Ar. ' Necnon cundeni Uoitiinum He-
• gem ad Morieiu et finaleni De^tiutiioncm
• ponere et adiluceret »c subdjtos suos fideleh,
• ct Liberoi llonaiues Hujus llegtii Anglia: in
Trial ofCharUs Cranbume^ fl
I * servitutnm intolernhitefn et fiitserrimani
j * dovico RpLri Ctullico sulijoi4:arf, et maneipal
* Dectmo llie Frferuanr, Anno Ket^ni dicti D
I * mini uunt* Regis ?»eptiiiio, el tltYersia i
I * DiehiH, &c.»
I L. C J Can any man imagine this to be
' Frem li king ?
I Sir B. Shower, My lord, jour lordship U
to imagine one way or other,
Mr. dm per. In the strictest sense
grammar in the world, it must menu kin|; \
Imw^ a nil no other. We do ncH need 3
irnsigmaijoo, v^ hi n in the strictest constnit;!!
it ift pin in who it refpvs to.
Hir B. Sh(*wtr. I am «nre no grammar
make it go^id ; nothing but a &up{M>sttii>ii
hefp it
Mr. Corrper, When it is said * Dictus 1
minus Hex,' if sit Barlbokmiew Shower
ItuiI out another *■ Dominns Rex* in the im
I tneni, then he may make something «d' hi*
i ji'Clion ; hui the * Dinnmus* is only appbe
mirovfn king throughout.
L. C. J . PnOj/. Hesides, as to the rule
sir Bartholomew Shower menlionUt it it
* ad proximum Amcceilens fiat relittio nisi
* jjediwl Henteufia.* That is the rc'stricti(
the rule, it must relate to the next aiiti
uidess the sense would Le projutltced ;
here if ibis const rut- 1 ion should be, it m
make this clause in he no better than nni
\ix. I'hat the Hidyects and freenieti of
realm « ^re to be brought into inii>lerabte alavf
to Lew«i the French king, snch a day m
seventh year of the reign of our lord the
king.
Sir B. SAoo?er. We say it is little better
notisense ; I am sure it is looin;, ami un^
and not grammar, but carries a tiew I
with it,
X. C. X No, it is as well as it con be.
Sir B. Shtnrer* Then, my lord, there i»
other exception ; it is said, ' riiver^B Diebin
^ Vieihus tnin antea quam ]K)stea ;' and tl
afterward*! it say^, * posieti nt ilicet eoilem 1
* cimo Die Februari* •/ that is repugnant j
is wi much as to say, That upon the lOtj
Fchruary, and two days after\*ards (to wit)
said lOiliday of Felnuarv ; ihat is, afler
days afler the 10th of February, viz. upon
same tenth day.
Att. Gen. 'Vhat * Postea'is another sentei
and relates to other tn att era
Sir B. Shower. It raunot in propriety
speech be said to hr after wanls ihe B^ame tfa
Soi. Grn. (>»ir Jolin Hawles,) If sir P
tbolomew Shower remcnlhers the evidence
we have given this. day, he will find it w&f
fact so ; they inirt on the 8atunlay mom!
and allerwanls met again the night of the
day,
L. C. X There is notlnng in that oh}
sure; it is a common form, when they tell
tliffereiit mnllcri.
Hif B, Shonrr. Well then» if yon will beti
the rest which are not of the same notntv,
bhuli come to what we think % faitid except
»]
fur llfgh Treason*
ite««f tbb b4lcltii€Qt af Hic1i^Trea<«on l>emg
tfiiii»4t • 9(i)>jecc hurt), ought to have liud the
irc>fJ»iii it, * Contm siiprcftium nutumleitt Li*
'^ijtfi l>oniiniim %uu%\\ ;* ac?cor<linif to Cal?irr»
V^ute in the 7th Report, \o\. septimt*
L, C. J> It h ^ L'ODtra Ligeonttie su:£ I>c-
kitiim,' IS it not ?
Sir B. Skouer. That won't help it, my lord,
fiDr «)t that H appHcaMe to an ahen horn : ami
foiifhe raae in luy tonl Dy«r, 144^ where it i^
■H, thai U' an indictmc tit of treasrrn he ajritini^t
ttufieii, you mai^t not pnt in the word nnttira-
Im; if yoti do, tt will be t'itulty, because he
#«w but a local alle^ance to tlie king of Eng*
bad, and not a uaCural one. Now ne say^
llmv are none of thase prisoners hnl are «iib-
horzi, and the constant fornn in queen
lb 'a time, and queen Mary 'a, was to
( the wortls * Natur&Jem Dominum/ and
f cannot a hew me any of those prece^leots
tit. There wa« occasion in Tncker'ii
tMelo lixjk into this matter, and seardi aJl tiie
frwl4R>t». 1 have looked in my lord Coke's
■Mi^ and alt the preccdetit;» ; * I have seen
Zlerd of £sjifx^it indictment, and all the
m in queen Eli/aheth*s time, and those of
lii b^orst in the Power- Piot, and tho<ie of
^ Rcpcide?*^ and Tucker's* own indictment
iMf ; nil a!oti«^ it is ' Njuuralem Ekiitnnum
wttm i* and the reason for it i^i, he that U
ilMvloffi, yon never pot in * Natumlem Do-
iImmii atitjm«' because he owes a double alle-
gincv; ufie natoral, to liis own ktni^ under
dotninion he was bonj, and llie other
to the king in whose dominions he re-
^for lie is bound to observe the laivs of the
here he livci: and if he violate them,
Wettlc the allegiance that he owes to
iment where he lives^ upon nccotnit
^|tf«i9ectinn he cnjuyn under it. But if he
h s fubjeet uf the king- of England, he
Itt kii ime oainral liege*lord ; and he Wwv^
^ai£iiffi»tiinau born, the kin^rstEinds in that
I to Him, as he does to all bia native ^uh-
fJHti * I to tbreigtters; and therefore it
Wia 1 I equisite to be, nnd has always
heUi ito indictments of trertson Qjraiujit
iiKjr And, my lord, we think the
•«\ f^:,.-,.M,vMi ofthe court, afterwards afdrmed
klbellou^euf Lords that reversed Tncker'ii
r, went upon thta opinion, that Ihe law
I * natormletn ligeumi Dooiinum' to be
pot in. There the exception was^ that * Con-
Urn Uebitum Lii^eaotite su»^ waa omitted : to,
vl^lcii it Witt objected, that there was * Dottii-
inn Sopremum Naturatem,* which was equi-
Hlmt; no, It was amweredjioth were reqtii
#i, becmu<ie every act chared in the indict-
Mil oiit^ht to he bid against the duty of hla
al^giaace. Now io indictnaents of ueason,
M« af» certain words ihnt are es«enti>tl, be-
Otte of their relation between the king; and
tei people. There are c^-riaiu forms of words,
"^' ' * ...i ....... f.-.-. I 'tjntoinHke
|f^ ►f Those
....^.,. ..^ .;. .....V,,.. . ^iidlhe want
will be a fatal ej(crptioa ; ^ vrc tliiiik
Xill.
A. D* 169G. [29fl
it would be in this case, ns nnith as if the word
^ Proditorie^ had been left out ; oras if in a case
of^lony and btlr^la^yl the wortls' FeSunice^anit
' Bnr^lariter* had been left ouU
Mr. F hip pi. .My lord, we take the prnctice
and precedents to be the rule of law in thecaiite ;
nnd I have looked over a great ninnv t>rcce-
derits, besitles thofie that sir Bartholoiiievr
Shower has cited ^ and 1 never saw any one pre-
cedent of an indictment of treason a|;ainst a
snbjeot born, without the wnrd Natui-alcTu ; ami
all ilie cases cited by sir Barlholoniew Shower
are full in the point. Counter's ca?te tu my
lord Hobbart, 2fl, wher^ it is i^aid, ihut if
there bean indictment agnint a subject iKirn, it
most be * Contra naturalem Domi.imu ;* if
n^^ainst an alien, * naturalem' must h<* left out*
Ty say * Contra Ligeanttfc susc Dfbiium* will
not do, it is not enough, for that may bi» said ^
ag'aiof.t an alien, because he owes a locsil aU
legiunce, though not a natural one. Ami I
take it, upon this difference, this indictinent ii
not Lfoml.
Att, Gen, My lord, 1 do not know how faf
you will think it proper to enter iuto thi» mat*
ter before the triaL
L* C. J. Mr. Attorney, 1 think yon had ai *
good speak to it now as al'an other time ', though
1 must confess it is not so proper in point of
practice.
Ait, Gen, Well, ray lord, then we u ill speak
to it now. The objection is, that the words
* natundem Donnnum^ is not in the indictment ;
which they say is conlriiry tolhe usual form ;
as to the 'prece<lents, llier'e are a great oianj
n here it has been, and lam sure a great many
where it has not Ijeeo ; and I am sure for this
six, seven, or eight years hist past, it has always
been omitted : and, with suimuassion to your
lordship, it is not at u\\ necessary, if there be
words m the indictment which shew, that what
he did was agiinst the duty of his aHcgiiincft
to his lawful and undoubted lord (wbtL-h are
the words in this inflictmetit). h u true, if he
he not a subject born,* naturalem* cannot be in,
because that is contradictoiy to the obedience
which he owes, for it if not a uiitui*ul obedience
that he owes, but a local ; but if a man be a sub-
ject born, and commits treason against (he al-
legiance that be owei;, that is against \.m na-
tnral allegiance; for whatsoever he doe*
against his allegiance, he does against hh na-
lural allegiance, and so there is no need to put
in the word ' naturalem i* becau.<ie he owes no
other alkgiance but that; it is sufHcient if
that be put in whieh shews its being ngainst
h\9 allegiance. If they could shevv that a
subject born has two allegianres, one that is
naiuralpand the other that is not natm-al ; then
if you would prosecute him, you must shew,
whether it was against his natural, or against
his other allegiance. But whrn he has none
but a natural allegiance, certainly against his
allegiance, without putting in natural, will be
well enough. It is true, where there is no na-
tural allegiance, it must be wrong if you put it
ID, because you put iu thatalle^uiiu:« ^Uv^k
8 WILLIAM III.
Triml of Charles Crmihurne^
I
he iloe^ liot owe ; but where he is a suUjcctborti,
to fHH ill iiaturul Lic^e-Iorij, there is no grouud
at uU lor it; there are words enow that sliew
it was against his allegiance to his biwfu)
ajid uudiJitljte*! lord.
L, CJ. Lrfiok vou.fiir Bartholomew 8iiower,
ho%v does it appi'ury that these uieu are subjectii
J>orn f The metier yuix go upon does not B|i-
pear hjjoq (lie indictment, and you are not to
ijo rttf trom lliat.
Sir B. Sitowcr. Every man is presumed to
\ be 80, unless tlie contrary appears.
L. C* /. Yoii quote Caivia*s Case, and the
oilier ca!»es that are there put ; those are all
cases of aliens; there is Dr Lopez's Case: he
hein^ au alien comes into England, and coin-
luits high-treason : why, say they, how shall
we indict this man ? We cannot say it ia * contra
*• Naiumlem Do m mum sutim ;' for he owes no
natural allegiance to the queen of England ;
how shall ne do to frame a good indictment
ag^ainst this man? They considered of thisj
and they said it will he a good indiclmeut, to
charge htm with high-treason, or any one elsc^,
leaving out the word * Naliiralem:* For if it
appear he ha<i cimimittetl an offence ai^ainst the
laws of the kiog^doni, and against the duty of
this allegiance, which h high ti-eason, that is
enongfh* ^ow as to Tucker*s Case, It was re-
versed for want yf the conclusion, * contra De-
* bitum Ug'eantia; sua?.* Thoise words arc ma-
I ferial ; for let the oifcnce be nevtT so much
tt^ainstthe person of tlie king-, as to assassinate
him, or levy war a^ain^l hihi, yet sliU if it be
not against the fhity of his alle^iducc, as it
cannot be if he owt^s him mine, it is not ht^h*
treason. And therefore if it be againi!il his al-
lr;fiance, whether that allegiance bo natural or
local, it IS ail one, it Is euough to moke it high*
tfttuon.
Sol, Oen, In that case in Dyer, ihey nht^w
where it was a fault to put thewoid in, but
tliey can she\f U4» caKC where it has bei'u ud-
judt;e<l lo be a fault to leave the word fiut,
L, C J\ No doubt it would be a fjiult lo have
that in, * Contra Naturalcm Dominum isuum/
where iheie is oidy a loia! allegiance due,
Mr, Vhipps, ifuw di^es it wppear whether it
is the one or the other that is due ?
L. L\ X It is no maltci whether the one or
tilt' utlier do appear, it is hi^h-treason be it the
I one or the other, if it be against the duty of \m
alk-q-iance.
Mr, Phippt> Nuppoii^ au indiclment against
an alien were, ' Coniru Natunilem Dominum.'
JL- C. /. That would be ill, because then
you liad laid it more specially, and otherwise
than really it is, and restrained it where you
ou^ht not" to doit.
Sir. Phipps, How then, ray lovd» shall it ap-
pear that lie onfy owed a local obedience ?
IL.C. J. It may be given in evidence, that
he is an alien Unu,
Sol, Gen. lie may plead it in abatement to
the indictmsnt,
X* C* J. He ought to be acquitted, for you
ktve indicted hiiu of a criine against his natural
allegiance, when he owes no such. Bui altc*
giance generallj coa>prehends all sorts of nU
leg^tance, natural and locaK
8ir B. Shou'cr, Ho*v then, my lord, come att
the lawyers of all ages to put in those wiird»ii]K
indirttuents of high-treason against subjecisi
born ?
L. C. X No. I have seen abundance of priH
cedents, that have only * Contra Ligeantisf sun
* Debitum' generally, and so the tnost part are
for allegiance is thi* genu^, and if that l*e sug-,
gestedj all the iijHi^ies are contained iindtrr tUat«'
Alt, Gen, Well, have Ihey any inore:* ,
Sir B. Shotrcr. Ves, we ha%e more. j
L. C. /. Well, you shall have them all in
lime.
Sir B. Shou.cr, My lord, here is another ob-
jection, and that is thi^ : Here is one Ihct tb«t
they have laid, and that is the second overt-
acL in this indictment, that tliey conaeoted
agreed (hat 40 men, (whereof* these four w
to he four) hut do not lay it to be done trailof:
ously. They 9>av * Consenserunt, agreaven
^ et assenscrunt,^ hut not * proditorie f anil
never saw an indictment that laid an ex
overt-act, without repeating the word »_
If your lordship pleaBics, the words in the ii
dictment are thus ; as to tlie first overt
is laid in this manner; *■ Et ad execi
* assassin at ioncm illnm cx^uend.' ut
time and such a place * proditorie tractaverua^
* proposuerunt et Consultaverunt de vii£ et i
^ dis mediis, (S:c/ and tlien comes this whie
we except against; ' etcoosensenmt, agiemfi
* runt et assenserunt quod quatlragiuta Ho
*■ mines,' 6:c. Now this is a plain di^unet i
and tiiere is no * pruditorie' to it ; and if ef ^
they can slicw me any indictment, in which \
overt-act was laid, of which they ga^re
evidence, and it liad not the word ' prouitotj
in it, 1 am very much mislaken. I am i
nevcir saw any isuch. And it is not i
say* ihat the nature of the thing is sue
that it cannot hut be a treasonable act;
they must alkdge it to be ho, by liie express i
of that word w liich the law has appointed
express this crime by. In the ca^^e of an
dictoient for felony, if it l)e not s;iid felony, it j
not g^uod* They are not to describe tfi
circumlocution, which is a particular
fixi by law, the}' must use the verba arii
terms of art, and no other i if your lor
plea!«es it may he read.
SoL Gen, Let it be read if you please j
take it in English, and ii is no more than I
thej did Irailnrously compass the death oft
king, and for that purjwse they did Itaitottiui
meet, and consult abtjut the wa\s and mo
and did consent and agrt^e that forty men,
C/.</ Jr. Reads; sEt:-'^--
' rendam et Det»^stabilem
^ glise A&iiassinaiion, et .i..v...--«
* Citius exequeiidutn ct anno ac Divers
* Diehus et V icibns apud parochiam pr
*■ ill Comitatu piudicto proditorie tractaveruiil
* propostierunt et ConsuUaverunt d,e viis i
* et mediiB ac Tempore et Loco ubl quaii
Vr
for High
^ ftidliler et <)UOfDndo Dictum Doaiinn na Repeal
* sic e% m^ditd facilius Interticerpnt."
SrJ5. Shower, There is an end of that, now
Aft. Gin. No, sir Burthnloniew, yon mis-
Itkr, there \9 no end of h, that ia done at the
tmm tiiDf^ with that wkiich tbibws.
Sr B. Shauer, No, it is oot iJie same overt-
Mi; but Irt bim ^o on.
€L tf Ar^ * Et Cons^iiscrtint Apfreaveruiit
*fi A^os^ruiit (jutxi ijuariraginla Homines
" lTe«.*
' B. Shotrtr. Weill vou DWil read no fur-
' for our objection. \Ve say there wants
t^mir4 * Proditone:* for there are tvvo uvf^ii
Kts lh^ oi>e is, that they Iraiioroiisl y did coii-
iulld^the ways and means haw to kill the hioj^,
iad that ovnt^act we agree to he vrell luid :
fcni i' - they consented and agreed Ibiit
lfc«»' lie fort)' raeu, whereof thciie four
ilmAk be four, bat do<*8 not say they Iraitor-
•i^ iigreed ; a/>e not these distinct acts *
m. Phipps. Surely, my lord, they are dis-
^ikta4:tf ; for this part of the bidictment upon
vfaidi ttir BariholoEnew grounds hh objection,
It tint overt < act of whkb the iist in Mr. K<*ok-
mmd^ Case was ui^'ed by tbo king's roiSusel,
md agreed by tlie court to be an evidence.
Tbeo the jury against Mr. Hook wood t^ame
^ % aud deb? (tred in their vejdiet, as it is in his
H ttmi^ then allerwards the court wetit on thu^ :
^L^i^G^n. My lord, the objection is, that
^HHHbie* is not inserted into that |ninif nlar
^^mt^nt the indictment, which shews thdr
fOti f ment that there bhfmhl he <brty
•m, ihe four named in the inditinirnt
•WvUibefuur Now your lordshlji observes
itov the indictment nm<i^ it is for €onipas«ini^
io^wairintn^r the d^^aih and destruction of the
fi aft*i »i >ietB forth for this parpuse^ thai to
compassing and imag^inUig', they
iraetdverunt et consiiUaierunt ife
fn Modis' bow theyshoithl kill the
^at which immetl lately follows
i>, tji** ^mrlicular method and means that
verc agreed ujwn, that is, t!iat there sliould
befbrty men. Now this is the strangest sojr.
'911 that ever was, when we have lict
^ fiiai fi iljoniusly they did so afjree of the
•i, anf] then set forth the parti-
tbat here must he * proditorir*
ai. Thia is such a construction us
nt adoiire how it couhl come into
Wf UQcV head. It iif part of the sentence ; tor
ilMotber part^a<? we have laid it^ i^ not com- '
ylBia before: it may be it might be sufficient
; setting' forth the finrttculnr waysi and
but when it is set forth it is part ot the
bt iuid refers to the tirst begin i&ing^.
-L C- J. Aye, sure it does.
Ait, Gen, 'I caunot tell what they vi onld
Wn^, unless ibey would have us repeat the
•wrt * proditone^ in every line.
StiL ijcii. Or before every verb*
Ifcr U. Shmctr. So ; but I think it oyght to
N npcileil tt erery overt-act.
A. D. 1696.
[■
sio
[ Mr, Conyfrs, If your lordship please*:, after
I thai they have set h^rlh that this was th^ par-
ticitlar method and way ag:reefl uj>on at their
confvdtfttionf that forty horsemen or ihere-
ahout!i should q;o about it, of wliich the per-
sons indicted w^r% to be four, it goes on, * Et
* Quitrbet eoriim protliloric super se Suscepit
* esse tmum/ there it is-pat in, and it ajijieari
to be as particular as possible can be.
Mr, Cofvpcr. i»u* Btirtholomew Shower says,
limt when we have alleg-ed that they did trai-
torously treaty propose, and consult of the means
and ways uf killing* the kin^, there we have
done the sentence, and ma^le that one overt -
act. Now h(nv U the sfnlence done? Tlie
next woj'd is a conjunction copulative, ^ et coit>
* scoiiferunl,' See. And what is the use of a
conjtinclirin copulative, but to convey the force
ot^ the wonls in a fornoer sentence to the sen-
tence following-, and to prevent the repetition
of every woril iu the suhsetjuent sentence that
wa.s in the precedent? But it is plain, they arc
both one anti Ihe same overt-act, andth^se'sub-
5e(|Ufnt words are only an explanation^ more
partictdarly of the overt-act ^^ct forth in the
piiet*etlent wonls.
H(r B. Shower. In answer to thaNtbat has
been said, if they shew me any precedeni,
where aniudiclment has lieen for rdgh-ireason,
settingf Ibrth several overt -atts, and nut the-
word * proditone* bet to every ovt»rt-act, then
they answer my ohj*5Ltioij. 11 lb c word • Quod*
bad come in, that would have made Iheni dis-
tinct to he sure ; and I think ihcy are as dis-
tinct aci5 now * suppoi^e they had concluded at
the end of tht! word * Interficereut/ that bad
been a good overt- ntt ; 1 am sure they will
arfri^e to that : and if it he so, then the oibcv ]«
a good oveit-act too, For it is n distinct thin^
friim that which was a pert ect sentence before;
and it either rei^nires a * likewise,' or the word
* proditorie* most be repeated. They have not
so much as sai«) * similiter Consenserunt/ or
* simili modo ;* there is an * et^ inileed, but that
does not ^o cou[de the sentences together, as
not to make them distinct acts. There arc se-
veral ' els* ibrough the vUjole indi"iment, hut
that does not, as iMr. Ci*wper would have it,
couple all tojifeiher to make one overt -act.
Mr. Phipps. My lord, if what Mr. Cowpcr
say « be allowed, (viz.) that the * et' makes it
one intire seott'Tice, tbrn there is no ovtrl-act
at ail ; for after the treason alle<;ed, the clauses
are coupled to one another by an 'et,^ und con-
sr(|ue4itlv, by Mr. Cuwper^H way ol" orijuing,
the ivbole inilictmcnt is but one entire senteiice*
L. C J. f do not utiderstaod your meuning'
as to that; they tell you * proditorie* is ai-
leg'ed to the consulting^, conirivini; and ag^ree-
iiig', tlien they tell } on what was the subject
matter of that contrivance and agrt'ement, to
assassinate the king*, at}d in order to tint they
agreed there shotdd be lorty men ; is not that
ffood enough, without * Proditone* to every
line ?
Sir B. Shoner, No, it is tiot said in * Ordine
^ ad/ there is no such iUit^ v ^^ ^^^"^^ ^^1 ^^
231]
8 WILLIAM IIL
Ttial (ifCharUt Cranbume,
[SSt
\
cunBitlt of tiie way* aod means, and did agree
tliat'40 hursemen titioutd do it, and ailerwai-dii
did 8ij:iee in provide horses and in^truraenU of
^nii'« Now ihat being- with a * QuodqueV tlicy
Kmnktflanew overt-act; but 1 caooot un-
Und Hliy ^ Uuodque' is not as much a
• C(»j>uUuvt* as ' Et,* and the one should not
XiA'v^ Ihe same f flfect as the other.
L. C. /. Fir*it, it letls you there was a cou-
cuU and a(r^ri'(>uneat to assassinate the king;, and
for the acoompUshnient of Uie said assassiua-
lioij ; at ter wards * cisdetn diect Anno Proditorie
*' Tractavcruat et ConsuJiavenint de viis et wo*
• dii»/ huw iliey shoo hi kill the king.
Hit' B, Shtitfcr, Thut is one overt- act, say
ive, and thei e yon should hio\u
L. C J. * tt Consenserunt et Agpreaveruni
' qnod quadra«^int:i Homines,* Ike, it is att at
lbi» snme tirne^ and must be intended the same
consult and ronirivance^ that lliey consulted
of the ^'£iys and nteansi and then agroed so
many men shouhl be provided*
BIr. J^hippi, No, u»y lurd, we say that is
a&oiber overt act.
L. C. J. Trehy* It seems to me to be a spe-
cifying and [lariicniarisini; the ways and means,
that I hey Itud consulted of, and concluded on.
fcsir B. Shorter. If it had been a sjiecifyin:;,
it bad Wen much better to put in either* then
and thei^>, or tliat this was the result of the
consultation.
L. C J. Tr€hy. It docs seern to me so, that
U was the nfsult of the consultation, and tl is
\Yv\i enough.
L, V, J, You had better have saved these
kind of extt»ptions till the trial was over.
Sir ii. Shower, But, my lord, if there W
vcie oveit-act ill laid^ 1 sulnnitit whether they
cflit ifive any evidence of that overt-act.
L. C. J. rrd>y. No doubt of Ihat, they can-
not ; but we think it is as well laid as it could
bt! laid.
L. C. /. Truly I am not well satis^fied, thot
it is necessary after you ha*e laid the * P;o-
• ditorip,' as to the jiarticu'ar treason^ to Jny it
iigain to the overt*act. For (he ovt-rl-aci is
but evidence of the treason : the treason its^elf
lies in Ibo compastiing', which is an act of the
tiuind,
L. C J. Trihjf. You cannot indict a man of
treason for aN«iiasi»ioating or killin^f \he kin^,
but you nmst in every such case frame tlte iii-
diclmenl upon the ait^cle fur cotnpa^^iuu^ unti
iinaifinTnt^ the de:nb of the kinj^ ; wliich mu^i
{\e laul tH he dnne tniiiurously. Tlien^ when
afterMardii you say the penittn aceuHtd diil
wound him, or iinpri^iau him, or consult and
a^rre to as>>uSKiuate hiiu^ or did aetiially assns-
sinaie biiUj ihipse are hut so mitny oven- acts *»f
c<nmw*sinutlif- di'alh ; and you hav.ut; fir^i said
that Ur did "" Prodiiorie' cuuipa^s ttnd tmujj^iue
the kiuji's death, you have ihi'rehy sheivn that
you char|(p him hiiIi a yi eater otS-ot-e ihan le-
Jooy (whici^ my Jurd Coke says is the use td' the
wiird ' Pio<*it<»r*ef) and that heujy^ thus iUmv,
I do nul a^ip eheud it to be nece&'sa.) that ton
should add ' Prodttonta' to all this rest 4>f the
following particulars; for they are only ex-
teroal discovt rit^s of the inwurd ireasuu ; and
more properly deemed to be evidence of lhe<
treason, than to he the treason iiself,
Z. C. X Tiie treason ti ooosuminate in th#
intention ; besides the words ol th« staial
make that the treason, not the overt^act, thai
is but evidence, and su it uas lield, (not u|iua'
this exception, hut ui^ui the reason that my
lord speaks ot) in the Cuse of the Regicides of
king Charles the First, That the indict
should not he ft>r killing the kin^, but lor com
passing and imagining his death, and the kilt
mg was alleged as an overt^acL
iSir B, Shtmer, It tnust be so if it were fnr
levying of war,
L^ C. J. Most true; for levying the war ii
the treason ; hut in this case we think tt isnl
exception.
Ail, Gen, Then let us have the Gfih.
Sir iJ. ShofL^r. Then, my lord, here m
ther thing. It is a question wheiher thert
any overt^act prcsenteil by the jury at alh
indictment says, ^Jurauurspro Uoinioo
* praeseniaut,*' that I hey as false trail
ciimpftss the deatli of the ktoii aud the sk
of his subjects, and they did meet, and
and agree how to do 'it, * Ht iidem Cii
* phor us Kntghtley' and the rest, to fnltit liiflf
said traitorous inlenltons and imaginations diiJi
aflrr^i ard'^, the lOlh of February, buy
ami horses. Now our objection is, Tl
does not appear, that any one of th
acts are the presentment of the jury ; h»
niissiim they oug'ht to have bi^f^uo it
eiiher with a * Uutwlque,' or somethi
should ba^e rt^ferreil it to the first, * Jui
* praasentun!,* or else ihey must have
quite again, with a *JurHlore» Uheri»is pr»;
» sentant,* and not have coupkni iheit* as thii-^
is with an * Et.* The mO!»t lorins begin wttll
an * ullertu!ii prtesenitirt,' but here we find 00
overt-act is so introduced. They might pre*,
sent part, mud not pre^^ent the other |mrt, f
any thing that does appear. Every i'
ought to be laid positively, 11s the jury 'a «hetii«h
it may I)e only the cleikS saying, and
jury's, lor any thing that does appear.
liirdslH|» remetnberti the case *>i tlie ki
Troljrid!;t\ upon a Writ of Error t# reverse
liulgmeut lor L't eiting and continuing a civti
agftiuNLihe hn m of the ststuie; now * Coi>tii
* IriiiiiHni SiatuiL^ uas in the beginning ol
indicuiient, bnt not in the couclusion ; to thi
erct'iing but not the t'ontmiiing. And ibotii|^
there uas there ' Juraiorrs idterius dicunt/
Wds not * iiUpf r Sut^ninieotum sunm/ and tli
did not aaVt he did continue it against the
tute ; and there being no hirmul presenin
ilial he maintaiued tliL* cottage noLwhhstamtii
the act, ^ Et' did lAUt so cou^ile it to ibr
l^art, us til mnke it a gooti presentmvnt. 8^
we Scjy in iUlh case, thi» is a tault, aul ilitlWeoli
I torn nil the common forms; thiMe ougut ••
be a diref t presentment of each ovfitact,
not toupJMl by an * EC For * Lt' wdl not d^
It; tor It is a distiact overt* act cf ery
£3SJ
for High Treason.
sbAald bare bera ' El quod Consul tavenint,
•qiKKkfue Ai;rem«eruut.' that a certain nil iiiber
fbiHiId do so and iio ; and to be sure, it should
bite been «o at the last-overt act, which is
mIv * El lidem Christopborus Kni^^htle)',' ^cc.
did* buy arms and horses. Nutv this last ' Et/
btug a hMMie voojunctioii copuative, in com-
■oa sense oug'ht to refer to that which they
bal a^TPeil upon, tor that is last inentioneil
ibere. and tbe iiilural sense leads thither, and'
Mktttbe lieginningof the bill ' Juratores pre-
*iattiiquod.'
Ik.tkippM, I shall not trouble your lord -
^ farther ; they ought to hare put in a
•fMqae,* or an • Ulterius piasentant.'
Alt, Gen. Where would you have tbe
' Qasdaue,' or the • Ulterius pnesentant ?'
Nr. rhipp8» Either to every overt- act, or
tf Inst to that last.
Ait, Cen, The indictment sets forth, that
Ibr; committed such and such a treason : their
^^jnsB is, tbat * quodque' is not put into every
Sfiati; and our answer is, that the first
'fMrf* fovems all that relates to tbat treason.
kaof be, if there were too distinct treasons in
AtUctnieDt, when von come to set forth tbe
-nand trg—oPy you should say * Juratores ul-
'Ins pnesentant' the second treason ; but the
•Nil-Mts to proTe the same treason, are all
pvlisl'that treason, and make bat one species
tf fenaan, which is the imagfiniog tbe death of
fclai^. There is the treason ; and to bring
illi fasi» they did so and so : this, roy lord,
■■Hhe part of the finding of the jury as well
m the treaaon itself, of whit;h these are the
yi ilia. Bot then if yon will lay the levy-
■C^w in tlie same imlictownt, then it may
li^ aost say * Juratores ulterius prasen-
*M amd,' &c. But it bad been a strange
iiaM^ to aay, ' Juratores ulterius praesen-
'^'sQch and such overt-acts: for the overt-
Mis aat a further indictment, but only a set-
laigftsth tbat which is evidence, upon which
IhM fcnod the indictment for treason.
ML Gen. "What the indictment says, is as
4rci affimuOioD as can be all along of the
pascataaent of tbe jury, that tbe orisonerand
tfbers did compass and imagine tne death of
lbs king ; and to bring it about, they did con-
aritlngelher, and did agree to make use of such
■d auch means, and were to have a party of
40 BeOv and they bought arms and horses.
Kow it does not repeat ' quodque,' or ' ulterius
' pwsentant quod,' to everv one of those sen-
Ince*, that tbey did so and so, and tbat tlicy
Ai so and so. Now I would fain know tlie
tferrace between saying, and they did such a
Aiag, and saying, and that they did such a
ttiof. Tbat is all the difference that tbey
thiBk to ovcrtanf this indictment for. The
imiiting of a ' Juratores ulterius pnesentant,'
aartainly is notliing ; for tbe first presentment
laas through the whole indictment, and there
4ta not n«d an * Ullerins.'
Sir B. SkoKtr. Certainly there ahould have
ban a ' dnodqueP at kaat.
L.C.J. No, UHlaadi I thud^ it ii better aa
A. D. 169& [834
it IS, than a^ you would have it ; because the
first * Qu(»d' goes tliro:i{{-h tiie whole. That in
onler thereunto he di'i «<o and so ; would yon
. have it said * et qno'l' in order thereunto he <hd
so and so ; bii though that may be good sense,
' 1 think it is not so jGfood as the other. This in-
' dictinent is lur one surt of treason, and ibat is,
i for conipaiwin^ the death of the kinif : and it
,' is, 1 think, more proper to have but one
* Uuod,' than to have murt' ; for it makes the
whole indictment more entire. As to the * Ju-
' ratores ulterius preesentant,' tbat is never
proptr, where the species of treason is the
same: fur, indeed, if there bad lieen two dis«
tiuct treasons, the one for compassing tbe death
of tbe king, and the other for levying of war,
in that ca^e you must hx'iufr it in by * ulterius
*' pnesentani :' because they are two several
offences, though comprised in one bill, and
tlu'y are in law as two indictments. And so it
is in the case that you mentioned of cottages :
it is one offence to erect a cottage, and another
ofFence to continue a cotta^^e, and tbey are to
have several punishments ; and because they
there jumbled them both together in one in-
dictment, that indictment was held to be
nought : for, by law, the indictment for erect-
ing a cottage, ought to conclude * contra for-
* mam Statuti ; and then the jury must begin
again, * et ulterius prseseotant quod' tbe cottage
was continued against the form of tbe statute :
because they are several offences. But here
the bigb-treason is but one and tbe same of-
fence, and the other things are but overt-acta
to manifest this tre&i»on, the compassing tbe
death of the king; and truly, 1 think, it is bet-
ter as it is.
Mr, I^hipps, I have seen several precedents
of indictments, where the several overt- acts
were to the same bigh-treasou, but still they
had each an * ulterius prseseutant.'
Alt, Gen, I believe it is hard to find many
indictments in tbe same words: I am sure all
are not.
X. C. Baron, (sir Edward Ward). Is it not
as great an affirmation to say, and they did
such a thing, as to say, and tbat tbey did such
a thing?
L. C. J. I cannot reconcile it to my reaaon,
but it should be as good sense without * that' aa
with it.
L. C. J. Trebtf, In a long deed it begins,
*This indenture witnesseth tbat* tbe party
granted so and so, and the party covenants
3ius and thus ; and so it goes on commonly,
without renewing the wonl * that' to tbe sub-
sequent clauses: but yet the first expression
(This indenture witnesseth tliat^ governs the
whole deed, though it be many skins ol' parch-
ment.
L, C. J. If yon begin with an indentore, yoo
begin, That it witnesseth so and so; without
renewing, unless it be a very distinct thing.
Sir B. Shower. My loni, we think that simi-
litude makes for us. A. B. covenants so and
so in a oonfeyance, and then further, that so
and 80.
I
S WILLI A \r IIL
' L. C J. But there you fe«tritin thai in ihe
beginning' of tlie covcuatjt to every particular
in that covenant.
An, Gen, Will your lordship please to cull
ihciury now?
L. C. X Have you a mind to go on with the
trials or la go in ilmner?
Att, Gen, I MitJfe your lordship can try
but oQe more to uiy^lu^ km\ that may he us welt
after iliuuer ns before.
L. C. J. Well, ilieot adjourn till five o'clock,
and in tlie mean time, you keeper, knock off
»U*r prisoner's fetters.
Keeper, They shall, my lord*
Then the Court adjourned till five o^clock in
the atlernoon, tt betug thea about three.
Post Meridiem, the 2lst of April, 1696. The
Court returned, and was resumed about
SIX in Ihe Eveuing*
Ci ofAr, Keeper of N'ewi^nle, hrin^ Charles
Cranbiirnc to Iho har, (Whicli was done).
Charles Cranhttrue^ hold up thy hand. (Wliirh
he did). Those good men that you ah all hear
called and persoually appear, are to pass he-
iween our ioveiet^n luv*! llie kin^ and you,
upon trial of your hie ajid death ; and there-
lore If yon will chalU^jig^e theni or any oi' theui>
your Utoe is to %^isk imt^i them as ihey come
10 Uit' book to be fiworu, and before they he
sworn.
Cranbmn>f, IWy lord, I hunitly desire I m^y
have pen, \i)k% %nd paper.
CquH. A)r» five. (Hehadlhem)
€L ff Jr, \\ here i* George Ford ?
Cf*Siei\ Vous avez.
Vrntth, 1 challenge hlrn.
%ofAf\ William Underhil.
Cranh. I challenge him,
ffCl.ofAr. Wilhaiu Withers,
[Jrfl«6. I challengii him.
Ir. Phipps, If your lordship pleasesi, those
that were of the last jury I hop*? shall noi be
called of this jury ; tjiis prisoner heia^ tried
upon the same indictment the lust was.
X, C. J. If thty be not, it shall he in ease to
them, but U Is not ui favmu' of you.
Mr. F hip pi. We humbly conceive, having
given their verdict upon the same indictment,
they are not such indiftercn t persons as the law
intends til e}^ filioiiUl he, mid thiuk it is good
rcajon they should not serve upan this jury.
L, C*JJ^ What ihnugh it be upon ihc same
indictment ? The evidence is not the same ; for
tbey are distinct olfenc^^s.
Mr. Phippi. I do nut know ulielhcr it he a
good cause of challenge, but submit it to your
lordship.
L, C. J, Well, you may doubt of it if you
please, and try tbeWceptiuu.*
* 8ee the seventh Resolution lo the Case of
Ihe Regicides, ante; and Peter Cook's Case
tn die same year, infra] and L#cach's Haw*
king's Pleas of the Crown, hook 2, chap* 43,
seel. 29. i
T.
Trial qfChnri^s CrSHhuitet
CL of Ar. Thomjiit Tr'^nch.
Cronb, l challenj^e him.
CLo/ylr. John Wolfe.
CrttnL i challuni^e him.
CL of Ar, James Bodiugtoti*
Crank I chaUenge him.
CI. nf Ai\ Jonathan AadrewR. {lle4lidtiQi
appear.) Jnhii Rnymond.
Crunk I chaHenge him.
C/. of Ar. GefTTf^e Hawes.
' Cranlt, 1 challenge hiui.
C/. of Ar, Francis Barry,
Crunb, 1 challenge him.
CinfAr. Arthur Bailey,
Crank 1 challenge him ; he was upon ill
last jury.
L. C. X Tliat is no reason i will you ch
lenge him peremploiily ?
Cranh. 1 do challenge htm.
CL ofAr, John Caine,
Crank 1 do not except againU hini*
CL of Ar. Hold Mr. Caine the hf>ok, cary
Crycr. liOok upon the prisoner. Sir,
shall well and truly try, and true delir
make between our so?crcign lord the king i
ihe prisoner at the bar, whom you shall hi
iu cliarg^c, arid a tnii* verdict give, accordingi
your evidence, so help you God.
CLnfAr Thomas Glover.
Crank \ challenge him.
CL of A r. Doru I er Sheppard . ( H v 1 1 id I
ap(ie4ir.) Ceoige Tredway. (He did noi i
peur.) Matthew Uateman. (|{e did not i
|»ear.) Timothy Thornbury.
Cranb. J challenge him.
(7. iffAr, Jarn^s Part he rich-
Crnnb, I challenge him.
CL 'ifAf^ Thtunas Freeman, (He did i
appear.) Ro licit Biedou.
Cnmb, t do not except against him. (E
WAS sworn,)
a. ofAr. Joseph Blisset
Crank I chalk'oge him.
CL ofAr. TimoUiy Laimo, (He did
appear ) John Harris. (He did not appeari
John Bil tiers.
Crank I have nothing to say against hill
[He was sworn.]
CL nfAr* Richard Bourn.
Cranb, 1 do not except against him, [H
was sworn.]
CL ofAr. George Carti>r. (He did not ap
pear.) Franris (.hap man.
Crttnb. 1 challenge him.
CL of Ar, AlexanikT Forth.
Cranb. 1 challenge hi in.
CL lifAr. JNiicholas lioherts.
Cmtih. I have nothing to say agaiost bifl
[He was sworn.]
CLof Ar. Ti 1 0 mas PI ay stead .
Crank I challenge him.
' CL o/At\ Wjlham Atlee.
CranA. I chiillenge him.
Cf,ofAr, Johu 3larsh. (He* did not ap|
pear.) Anjre^v C«j«ik.
Cnmb. I do not except against him. [I
was sworn,]
k
fol^ High Treason.
\r. John lUU.
I challenge him.
(r. William Partridge.
I challeoee him.
Ir. Peter Lerigne.
I cliailenge him.
\r. Thomas Moody.
I challenge him.
!r. Richard Belinge.
I challenge him.
Ir. Thomnai^vaiLs.
J do not except against liin. [He
"•]
(r. Thomas Ramage.
I have nothing to say agaiust him.
iwom.l
[r. Edward Townseod. .
I challenge him.
Ir. WilKam Guoson.
I cliallenge him.
[r. Philip Wightman.
i say nothing against him. [He was
Ir. John Wyboamc.
S&over. I hope 3'ou take an account
UengeSy Mr. Hardistey.
. Nay, you should take care of the
I, who are his coousel : if he had no
ra would take care of him.*
Here is Mr. Wyboume, what say
I have nothing to say. [He was
Skowcr, I hope your lordship will
'coousel for him.
'. We are to be equal and indifferent
the king and the prisoner: but you
mr his counsel by |aw, ought to take
iW lose no advantage.
Jr, William Strode.
I bav^ nothing to say against hidi.
iwom.]
Ir. Dauiel Bv6e]d. (He did not ap-
Icfwunin Noble. (He did not appear.)
labile.
I do not except against him. [He
■•1
ar. Cryer, countez. John Caine.
Ar. Thomas White.
Twelve good men and true, stand
I lod bear your evidence,
lanies of the twelve sworn were these :
iiae, Robert Bredon, John Biltiers,
Beam, Nich. Roberts, Andiew Cook,
Evans, Thomas Ramage, Philip
an, John Wyboume, William Strode,
■tt White.
dr. Cr^er, make proclamation.
• Oyez. If any one can inform my
tkiog'itjagtioesdf Oyer and Terminer,
'•Sdjeaot, or the king's attorney>ge-
^ this inquest be taken, of the high-
Hfereof ibe priooner at tlie bar stands.
tKsictoIha Cise ofDonPantaleon
A.D. 1696.
[23»
indicted, let them come forth and they shall be
heacd ; tor now the prisoner stands at the bar
upon his deliverance : and all others that are
bound by recognizance to give evidence agajnjit
the prisoner at the bar, let them come forth,
and give their evidence, or else they forfuit
their recognizance.
L. C. J. Mr. Attorney, do you think we
shall be able to try the other to night f
Att, Gen, That is according as this holds,
my lord.
L. C. J. T speak it for the ease of the jury,
that they might be dispatched, and not attend
another day.
Alt, Gen. I doubt we cannot try any mora
than this to night.
L. C. J' Well, it is no great matter, it will
be but a morning^s work ; it may foe too ffreat
a stress and a hurr)[ to do any more to night ;
and therefore we will discharge the jury for to
night, those of them that are not sworn; but
we will be here to-morrow morning by seven
o'clock ; and therefore, pray, gentlemen, attend
earlv.
CL of Ar, Charles Cranbume, hold np.tliy
hand, (which he did). You that are sworn,
lM)k upon the prisoner, and hearken to his
cause. He stands ilidicted by the name of
Charies Cranburne, late of the parish of St.
Paul Covent-garden, in the county of Middle*
sex, veoman ; for that he, with Christopher
Knightley , late of the same parish and county,
genUeman, and Robert Lowick, late of the same
parish and county, gentleman, and Ambrose
Rookwood, late of the same |)arish and county,
gentleman, the fear of God in their hearts not
having, nor weighing the duty of their alle*
fiance, but being moved and seduced by the
instigatrau of the devil, against the moat se-
rene, most illustrious, most clement, and most
excellent prince, our sovereign lord, William
tlie Third, by the grace of God, of England,
Scotland, Fjrance and Ireland, king, d^ender
of the faith, &c. their supreme, true, rightful,
lawful, and undoubted lord, the cordial love,
and the true and due obedience, fidelity and
allegiance which every faithful sul^ect of our
said lord the king that now is, towahls liim
our said lord the king should liear, and of right
ought to bear, withdrawing, and wholly to ex-
tinguish, intending and contriving, and with
all their strength, purposing, desiguinc^ and
conspiring the government of this kin^oom of
England, under him our said lord the king that
now is of right, duly, happily, and very well
established, altogether to subvert, change and
alter ; as also our said lord the king to death
and final destruction to put and bring, and his
faithful subjects, and the freemen of this king-
dom of England into intolerable and most mi-
serable slavery to Lewis the French king to
subjugate and enthral, the 10th day of Fe-
bruary in the 7th year of the reign ot otur said
lord the king that now is, and divers other
days and times, as well before as after, at the
parish of St. Paul Covent-garden aforesaid, in
the county aforesaid, falselyi maliciously, de*v
tSS] 8 WILLIAM IIL
X. C. J. But Ihere you reKtmiD that in the
heglnniiig' i^f ibe covenaut to every pmticuUr
in that covenatit.
Alt. 0 en. Will your lordship please to cult
iJiejury now ?
L. C. J. Have you a mind to gpo on with the
trial, or to go to ilinuer ?
Att. Gen, I belief e your lordship can try
but one more to night, and that n\iiy be us well
After dinner as be fore.
L. C. J, Well, then, adjourn till fire o*ctock,
and in the mean iiine, you keeper, knock oCT
the prisaner^s fetti»rs.
Ktcptr, They shall, my lord*
Then the Court adjourned till five oVIock in
the ifclVemoon, it bein^ then about three.
Post Meridiem. Ibe SUt of April, 1690. Ttic
Court returneiJ, and was resumed about
six in the Eveuiun^*
Cf. ^f Ar, Keeper ol Ncwj^ale^brin^ Charlen
Cratihurne to thi; liar, (>Vhich \\i\K ilunc).
iJ bar lea Crnnhurur, hold up thy hand- (Which
lie did). Those good mm that you h\\\\\\ hear
calletl and jiersouully appear, are to pas^ be-
liveen our soveieit^n hird the king arid yoUi
upon tritil of your life and death ; and there^
lore if you will ihallt^ng^e ihem or any of them,
your time is to spe^k unto them as tliey come
to the book to lie SMroni, and before they be
sworn. /,
Crunlmrut, My lord, I humbly desire I iii§Yi i
have pen, ink, and paper. ' ,
Court, Ayr. n ye, (He had them)
C/. (fAr. Where is George Ford ?
Crr/er. Vous avez.
Crnnh. I ebatleoge him.
Ct, o/Ar. William Underhil.
' Crnnh. I choJIen^^c him*
CL (yf At\ Wiihum Wilhent. ^ ''
Cranb, 1 challenge* him.
Mr. Phipps. If your lurdship r
(hat were of the la&t jtiry t Is-
i-alied of tins jury : »!ti^ pri-
wpon the same '"'
'x.c.j. 11 ;';;
them, built k ut^t ii* U\'
Mr. P hip pi. We hun»i
Trmt qftfi
a. qfA
Ctvnk
CL^fA
Cranh,
Crtmb*
CL ifji
ftp|M!iir«)
Cranb.
CL ^A
' Cranb,
CL of A
Cranb,
CLqfA
Crank
last jiirv.
L CJ
pivcn t^if i(
ijiey are ii
intends thtj [
reflion they ah <
Not liui
upon G(
are ; yn
i^'tiiltv 0
% of the
\mn\ the
J, «nd murder.
lordship,
LC.J. W
please, luul If
f
• H^ thf
the Re(;i'
in the m
klna'j/
(ir, a^(ain«»t
lAxI tiid caiivci with aod cad
eo^tte the nation to Ij^wIh the Frenoh
f: tnil lb** intlu^tment set? forth^ iUm the
nwr nt the bar <JiH t(»r ttiin purpose »n^t
bdconAiiit uiib st'Tcral fal^ Iraltons to the
«ri4 g«>%'erii*ii€in» ol' the v%ays, mnoTier,
rmeftftft itow, aii<i iIip time atitl place wh^n
inri whf^re to tt»iissinal^ the king'; md at
leoglh tlt«*3r ti|n*e«(l that iorxy horse men shoitld
|W logrtb«r, and set upon the king" in his coach,
ii he nftum^l lr«Hfi nuniini^ ; some to attack
■j^ccv^cb, IV bile others set upon the -(ifuiiriis.
^R\)ff mcitcttnent rjoes further ulmrge him with
^Ffeltoi^ hordes and amis, and pariicularly witli
B Mrr?iiu» a list ot the iissussm«lors irom one
i %ta»$iner* These are the particular thiugfs
I in tl)c indictment, and to this indict-
t Ue has pleaded not i^njlty ; if we prove
lit &cl^ gvtiiletuen, we do not doubt your
Au. Geft, May it please your lordship, and
ym ventlcm^n oj't lie jury ; the prisoner at the
Wf Charles Cranbnme, i« indicted for hi^^h-
ttWMi. tn cAnjpiMi!»iiig and iinsifriijHjg- ibe ileath
rfA# kinjjr, Ointleoien, the overt - acts JJiid
• id* imiictment to prove the prisoner guilty
tn; that be was at fieverul meeting's and eou-
MiHatioBaalKiiit the manner of puitinpr thia de*
ifA In esyecoiion ; »t which ni«*eting7s it Has
«frt€i1, ih«t there «hotdd b^ ahiMit forty UoiTse-
■a rr ■ prepared, and armed for that
fVjKt' y did provide hcii-fies and arms
^thmx very iiiingf, and did agree to put it in
(fi«ll»nefi(. the endence that you will hear
fndUfied against the prie^ner at the bar wilt be
^ tUi nature : You wWl henr iroro the wit-
liva^ tbat about Obristniaa lust, or the be-
|Ma( uf Jafmarv, sir George Barcley did
MM ifw fro*n France from the late kin g^
^^Agpk U> ^ h<.io be was an officer iu hta iruartlst,
^^^^p on for attacking- the prince of
^^H^p^ \ M)|r wur upon bis f»erson. lie
^^Eiroir«r MU>nt thnt time^ and several troopers
^Vlh« lAte kin*r James's piards, to assiBt bim
^BlKat hartmruutf conspiracy^ W hen sir Geor^fe
Bwcky c«iiie ovijr, he did acijuaint with this
^ iBMf a several persons in £n|>land, that he
itnil^t proper to Ite accompticei: wtth him in
k; pinicaUrly captain INirtet, Mr. Charnock,
K WdJinni Parky OS, and s**ver?il othcru wlio*e
Biiaai you wdi liear of, and they had several
iMetiiilfv ubout it the he^iouinj^ of February,
ai capt. Porter'ft lodginc^s, at the Nag'ti-Head
11 Covent- garden, at the Sun tivern m tlie
luiiid. at \Ur Globe tavf-rn in Hatton i^arden,
iiidt^ r ptsce^ where tlvey consulted
^ wi ,1 they mi^,'hl altenipt and ac-
iJiA Uoofly desi^fn.
en, you will hear, tliat at these
C' f ik£»4;.^ a was pro|K>»ed, ihat they should do
iib^ »iid.ofcade A*t the king^ caine from Rjch-
\ If hither ho used to go upon
' rs were for doint^ it on this
" A ^ tlicir opmrons bcinqf
:bt necessary to find out
the best place; and in
they employed cupiain Porter,
Mr. Kntjyhtley, and Mr, Kingf (wIto was exe-
cuted) to view the L' round; and accordingly
thpy went, and pitched upon the lane betue^o
Brentford and Turnham*^rer»n for this pnr-
|K»se. as the moat i-onvenieni phice r nnd bar-
ing m\ dune, they came back, and g^ave an ac-
count to those that had appointed to niet^t them|
to hear the success of their expeililmfs, t%i the
Nat(*»'Head in Co vent- garden ; and iu that
jdace, yoti will find by the evidence, tbat thofe
pcrsonx who \iere the beads of the conRpiracyt
undertook to tind their several proportions of
lUfu, for whom they would uudeilake that
would gn with them, and he concerned in this
desij^n. Sir Georeje Barcley was to furnisli
about twenty. He had the command of the
IrooperM tliut catue Irom France, and those
other oflTicers that came thence were under him.
Captain Porter was to furnish seven, Charnock
was to furnish eig-ht, .sir William Parkyns iitt«
lo furnish ftve horses and three men, and^ I
Ihiukf Loivick %vas to lurrush some njor<* : in
the whole niamber they i^eckoned there sJtoutd
be about Coriy.
It will appear, ircntlemen, that the prisoner
at the bar, Mr. Crnnburnc, was one of the men
that captain Porter untlertook to get, and en-
jjai^e Til ibis rlesijjn ; and accortlingly captain
Porter difl acquaint Mr. Cr^nbnrne with it j
and he did undertake to be one, and lo be ready
to go with liim, attd be concerned in this as-
sassination. Yon will find lie was aeqnuinted
with it nliout the I4t!i of Febmary, the day be-
fore the first time tbat they intended to assault
the king : then he did umleriake aTuI ffgree to
prepare himself against the next day, Thyf
next day. winch was the 15th of February,
they had severat meetingrs, and they were
fiiakiu!^ )Freparatton in order to go out. It
happened, by g-reat providenoe. his majesty did
not go abroad that day, and thereupon they ttts-
pcrsed themselves ; " but they had meeiin;f»
afterwards, at which meetings the prisoner wus
E resent with captaij^ Porter, Mr. Peodergrass,
ia Rue, and several others that were conecrrred
in the conspiracy, |inriicularly the *ilst of Fe*
hruary, the day before the second lime they
were to have put this in execution. Captafa
Porter being at the Hun tavern, with several
other gentlemen, and they resolving to b*ve it
ex<;cuted the next day, if the king wont abroad ;
captaio Porter sent tor Cranhurue. and Kryei*
that was executed, and Kendvick and 8hfr-
boro, four of those that' he had undertaken for,
(of whom, I say, Cranburne, the prisoner at
I he bar, was one) and then he ucquainted them
that ihey were resolved to go on with it iha
next day. And then they agreed to be in a
reuiliness accordingly. The next duy the pri-
soner, with some others, met at Mr. Porter's,
where they were preparing l<* go out and at-
tack the king, and they had several diseourses
about the ways and means of floiuLf U ; and
particularly captain Porter at that time snid,
that he had a vi-ry good gun that held about
SIX or «igbt bullets, and thai Mr Pendergra^s
was to have, who was tn tlUfcltiUi& ust^j^^Ms^
8 WILLIAM HI.
I
I
I
i
S4S]
shoot luto tb« ooadi ; Mr. Craiiburtie was there
presettt at that titiio, aiid Mr, Cratiburne wait
employ eit f^^ticitlarly by copl. Porier tu carry
a lilt that IVirter wrilot the names of fiettral
tneo that were to act iu it under liim, atid tUh
he was to carry to Chttrm>ck ; Porter writ it
and guve it hittii and he carried it^ with dirt^c*
tlou^ to bnng it back witli the list of the names
of Mr. Cliartiock^ii men* Cranburne itjd ac>
cordin^ty at thai tliue carry the list of thtf
tianies to cnpt^in Charnock, am) brought it
kick, nitU at\ adilitluual hst irom co{>t. lJhar>
90€k, nl hitimexi.
At t)>at time, you will hear further, when
Craabutne hroui^ht tiie hst, he biou^ht an ac
count thill he heard the king did nertaUily go
ajirond : for Mr. Charno^k hail intelltL^euce so
noni i*hamber«, who lay at Kensington to get
Hlteilij^^eace: at which there via» lory ^'eat
i^joii'iu^ among alt that wtre pres^^nt aX that
t|m(*f hoj^io^ they sliould have an o|iportuoiiy
to put thi« execrable desig-n in e^ecniioa ; and
!|0 they prt^jiared all of tiicin to ga out. There
were sf.Teral inns in Turn barn- Green and
ilreiitford« and thereabouts, and tliey i^ere to
Ve placeil two or three m an inn, that Uiey
might be ready to get together v,hen time
should »f rvCt It hap^tcited the kijij^ did not ^o
abroad that day neither, there beiu^ some dis-
covery of thit» de»i^, and so ihey aid dt«perse
tlieinseh eif, as appretiending it waa discovered.
Gentlemen, it vt't[\ appear by levera) wit*
QessfMtt that tlie prisoner at the bar waa
engaged tu this horrid tieasonahle defsigo^
and IV aa to hare acted a part in it. We will
cail our wit^ies&es that will make ilie particulars
out to you, and we do not qnei^ioQ but you witl
do what ia right. First, ^aU caiti^io Porter.
tWhowasawom]
ea»e,eqpt. Porter,
gire the court and the jury an account what
3rou kuo^v of this wicked mlendett as^as^ina-
tion, and what ahar« Ifie priaoner al the bar
had in h?
Farter* My lord, hehre ihia wicked assas-
«inaiioD was on toot, the prisoner at ihts bar,
Hlf . Cranburue, was employed by me to biiy
irms ; 1 naeil to give him money t«) go to the
Irokers to buy arms at second-hand, a»d he
brought a sword-culler to me, of whom I
bought aibout tvienty s^Tords. And when air
Gaofge Barcley earue into England, and this
bMMOCSs vfm reaolved u(Hm, I acquitinteil him
with the deaign, and promised to tnount him.
He newer waa at any of Uie meetings with cap-
laio Charoock, ur George Barcley, or sir Wui,
Parky na ; hut he w ent to look for a horae, and
waa ready both Saturday a to so along with me.
Ou Haturday the 22d 1 aeot nim with a mea-
■age to air William Parky na, for the note for
the two horses, which he had promised me lo
furniiih lue with, out of his iive that he was to
furnJsb ; be came back again, and told me that
there was a messenger came and said that iha
king did go out, and he knew where to have
the two horises ; that Mr. Charnock was afraid
w^ shoulii not liave the fuU ouiuber of men,
Trial ofCharUM Cranbume,
aud desired me to tend him the naiDCS of i
men ; I did write a hst of the names
men, and 1 went aflerwards to the Bin
I n firing- garden » whither he was to
nie j he din so, an^h^ brout^ht back the list 4
my men, with tbe iBt of Mr. Chamock'i mi
written uoderneoth it, and at the aaicie I
news was brought that the king did
abroad that day.
X. C. J. Vou say, that before th« i
tiau wus set on foot, you employed hin tol
arms and horses ?
ForUr. Mv lord) 1 ac<|uaitilcd hini witbl
the Friday before tlie first aS^urday.
L. C. J. Vou said l»elore the
vou employed him to buy arms:
that ?
F&rter. I said before the a^saastnati
on f'»ot t employed him tf> buy nrms.
Itim I waa to be a captain In cobnel Park
regiment, and protntsed to make him my i
ter-tDasler.
L, C. J, Hew loni; ago waa thia ? Was i
week before the assnssiutiUon was OB fwif
FsHfr, He has known of my I
tain in coK Parker^s regiment thia two j
Ati, Gen, I do doubt, toy bird, he i
distinguish the times when be bou
arm«,and when the assasii^ation was,
L. C i- Yes, yes, he <)o€9 imiw ; I mih
Crebended him at tirst, and thought b« tiii
ad employed bim to buy arma a w«ek f
the assassination was on loot ; but he
wtui a Ion gar lime.
AtL Oen. 1 desii^ wy l<Nrd, He HttJ
aaked what lime he bought arms before T
sassioatiao : when was the last time be I
arms ?
Ftftiir. It was several tnotUbs bdbr« i
assaitsitiation.
Ail. Gen* W'aa it within a yaar before ilT
Forier^ Yes ; 1 btlieve it was within a yc
1 gave him several tim^ money for tliat pi
pose, tti all above ten pounds, and be told a
one with anothut, he had bought ten caiei
pistols, and kept tliem in the liouae till
were oocaaioii.
A(i, Gen. How long ago ia it P
Forttr, I believe about a year; wilhhl
year*
AU. Gen. When did yau first acquaint 1
with the ai»sassLi)atiau ?
Forter, Presently afW sir George Bard<
aci)uainte4l me with it ; t sent to hin^ to \
him to get tlio pistol<» dean aiu) ready.
Ait, Gem. Did you tell htm of thedesignl
Farter . 1 toUl hitn titere was a demgu
footf and I would t4.dl him more when 1 1
him next ; and I desired bim to get ibe swo
from the sword- cutlers, and the pistols t "
aod ready. And 1 met him al^rwardiy
told htm of the design, aud that we i
do it on Saturday the J 6th; and be i
to be ready and make oni^. On the 1
fore the '^3d he went with me to the Cock«i
and there we met with one Mr. Gunn, ancl
aaked him if he knew where any good 1
fif High Tire&sdn.
nMit ^ Irtrf f H« Mid be }Mtft4 he
M; aailT teiil CraQboroe with htm, nut! he
■■i hmekj mod loYd mtht had fecund two or
HtfMOiM m Bloomshttrj.
L. CA /• I>K>li ye, eaptairi Porter, you must
101 ipMkti Ito, tt is inopossible to undertUod
i» viadi Bftlter ms you deliver without distin-
rasluafl' of times* Yoti iiaid, that some lon|f
mfe bmre the issafisinatioo wjis on foot you
•wt him lo hiiy anns ; for what purpof^ were
Aii. Gen. My lord, he has told you
L C, J, Pray, let me tiear it frntn liim a^ain.
t^rt^r, 1 »y, my lord, he knew ol' my be-
ii| i Cftptttn hi colonel Parker's reg^lfDeat iim
tpo years.
L C. X But what were those arms for that
belmai^ht?
Farter. To be ready Bfratnftt kin^ J u noes
knMm which n as desigtied several times.
L C* J» Why, now you make the matter
^ku to me.
in, C^^n* My k>rd, that is not the tUinn;^ we
fBipon* that is but introductory to the btisi-
MS thnl we are tMkw trying^. Therefore we
Me to liiii>w f»f him : captain Poner, when
M |«e Unit aequaint Crodthuits^ of the asass-
aniioii o£the kingf
Verier. As soon as air Georgfe Bardey ac-
^Bled me with it, and desired me to ^et #b»t
Ofii I eotilr) to effeet it. I sent for C:rai)biirne
f Mgfuga in Norfolk- street, and he caoae
y mm mw nomijif ; and I told lijm ili«re wak
lltaRgii on foot, and 1 would tell him more of
rwartl«,
► 0€U* When was il that sir George Bar*
1 yod with itf
About the Istt^nr end of January.
Ait OtH. And H hat said be to it wbeu you
him with it f
He did agree lo go with me, and I
I to furoisb itioi with horse and aruis i
I FrhHiy before tlie 15th I sent hinj with
r of pistolt to sir Wilhaiii Parky ns, to
\ the tnree oaen he was lo mouui with
I Knrses,
, C J. Who waa to have those thiee case
ifmiolar
Fort^. Sir Wllfiaro Parky ns was ; and he
einied them to ^ir VVilhuni Parky ns*s.
dit. Gen, How lung* was tUis, do you say,
Wibvt Ike assassioBCioit was to have been f
p9N€r* H waa Friday before thL- I5th.
Mt. Gtn, That was before the tinst time
llal M waa lo hare been done ?
Farttr. Ves ; and Friday before the last, I
mthifB to Inok after the horstfS th»t Guun said
hi behcreil he could help me to, and he came
lkmt%o the Stra-tavero in the 8triind, uud tnld
idJe0ery Gunn had found three horses
bury, and 1 came out «jf the room
I woa with i*ir Oeofge BafCl**y and
, and there was kendrick, and K^eyes,
and f toW them wc werc're-
I H m execution the next *hiy.
Well, prsy what discourae had
19» ivi^ hia tiie next day ?
A.D. t^.
[SM
PorteK The ocit day, the f 2d, he came to
my tod^iog at Maiden- lane, and I sent him to
sir William Parkyns for a note far the two
horses, that I was to mount of his : he came
back ai)d told me, he knew where to haVe
them, and that captain Chamock was afraid
we shoulil tiot have our complement of raerl,
and desired me lo send him an account what
men I could brings, which I did by Mr. Crafi*
burne, aud bein^f to gx» to the Blue- Posts, or-
dered him to brmgf it me thither, and he did
bring* it back to me to the Blue- Foils, with
captain Charuock^s list underneath.
Soi, Gen. Pray, eaptaiu Porter, was there
any body present when you terrt the list, and
tlie prisoner brou|rht it back to you f
Porter. Yes, there was Mr, De la Rue, and
captain Pender^rstss, and Mr. King, I know of
tjoue else.
Ati. Gen, Pray do you remember whit
heajttis were drunk iHer yoti heard the king
was not to go abroad ?
Porter. I do not remember u hat healths
were drunk Ihatttay particulSrly ; but whether
it were Thursday or Friday, (I catmot tell par*
ticuUrly the day). We drank a health to the
■qdeezuig of the Kettes Orange upon the uext
t$uturday.
Att* &Hh. Who w«^ present that day when
that health was drunk ?
Part er. M r. Craubume was there presettt at
that time, aud did djiuk the bentth.
Mr, Cowper, Pray, Sir, did he m^s^t you by
appoint meat oil Saturday the 15th, or was ft
by accident ?
Porter, By appointment, at afl the rest didt
to ret ready, as all the rest did, to go upou the
design ; and so it was both days.
Sir jB. SAot»er. If they have done with Mr.
Porter, we would ask htm a question or two for
the prisojier : we desire to know when it waf
thai thost; arms were bought that he talks off
For we moit ackaowledge that Mr. Cranburue
heretnfDre went upon iteveral messages for cap*
tain Porter ; when was that huyhj;j of onus?
Porter, I teU you, 1 cannot exactly teil the
month.
Crunbtttfte. Do you remember the year?
Porter. I lielirre it was less than a year be*
t^re the assassinuuoa was oti toot.
Crmi^urne. Jfyou remember, Sir, it was a
vnotith before colonel Parker was put ia the
Tower.
Porter. It was several timet ; I cannot tell
the pHrticulur times.
8ir M. Shower. My lord, f ilesire to know,
when he first commuuicated this dcsigu to Mr.
Crauburne ? and who was by, and where it
was?
Porter. I told yon I sent for Mr. Cranbume
one day in the week hettire the 15Ch, and he
came to me at mv toderfiig in Nortblk- street,
and I acquainted ]iin> thai sir George Barcley
was cocRp, and there was such a design on
foot ; and I desired him to ^t thome pi!>»toli
that he had of mine ready, and cJeaued, that
they ought be r«ftdy for thief ex«cvLiv(^u«
*t7]
S WILLIAM UL
Trial of Charles Cranburne^
D
I
I
Sir B. Shower, Wlml day was thai ?
Pprter, Oiie dav in tlie week liefore the
CrMtbvrne* Did yan erer oamc sir George
Burdev to a)^ in your JiJe ?
Foricr, Ves» i iliJ ; I told you he wm«!
ctitrie lT«>ni Franctv
Cranbunu. Wh#?re waa that, at Mr. ?
I*mier. In Nnrtblk -street, where I lay.
Crunburne. VVdu i*aa by ?
Pitfter, Nobf»dy hut mysf^U*
Sir J3, SkiUi^^rr. Upou vi'batuceajtioii did yoii
Beet there?
Porter. 1 sent for him lo my lodgtojf.
8ir B. Shimir. How lonj^ hud sir George
Barcley been in towu, Wlore that lime ?
Pvrur, I Ciinnot tell the limt; when he came
to town.
Sir h. Sftower. How loog was it after he
came lo toivu before yon saw hira ? Had yciu
P*'en him a week or a furtuight before ? Pray
recoilect yourself*
pQrter' J told you that the fii-st time I heard
of him, was the latter end of January ; c»|)taiii
Charooi'k told me he Has come, but I was then
fiick of ibe gout
8ir B. Shitmer^ Now ih^n I would desire to
know, who was by, upon the Friday before tlie
S2d, at the 8uti*iavern in the 8traud, whea
you and Mr, Cranburtie were there?
ForUr. 1 did tcU you, Sir.
Sir B. Shower, I tiesire to know, whether
there was aoy body betides Mr. Cranburne,
Keudriek, and Keyes ?
Porter^ Sir, 1 will tell you all I can re-
mem b^^r ; I was in one roum with sir Cieorg^e
Ilardey, and there was sir William Piirkyos,
caf^tain Charnock, and myself; ai:d ajterwanls
1 weot into another room, where there was
Kendrfck, and Cranburne, and Keycs ; and
J«0cry Guon came in afterwards j I remember
nt»bDdy else.
Mr. Phipps. Was not Gi}t)U there when you
you fif^t ciime in ?
Porter, Tq the best of my rcraicrobrance,
be came in aftet wnrd«.
8ir B. Shower, IMy lord, thts may be a very
roaterial part of our defence, and therefore we
must entjuire a little the more mio it. Mr.
Purter is pleased lo a^y^ that be was in a ronm
with sir George Barcley, and Ciiarnock, and
sir William Parkyos; and he e^me out into
another room, wberw was Mr. Cranburne, Ken-
itrickf and Keyes ; and there he says, at^er he
liad bceci there s()nrie ume, Gunn came in; I
desire to know whether Guiiu was ibere when
lie first came in?
Porter, Tr» the best of my rememhrance, be
came in afterwards ; but 1 cannot |iosiiively
IC'IU fftr t was in and out several tiincH,
Mr. Phippi, At the lime tliat ynu coramu-
picutcd this design to Mr. CraBbyrne, what £>md
be to you ?
Porter. When I first commimicated the
ib'mg- to bim, 1 told bim titers was a thintr on
foot Ibr the service nf kin^ J&ai4KS| and desired
him to go alQug wiih iii«.
i
L. C. J. What kiod of aerriee did you
htm it was?
Piirt€r, He asked mr, wh:it kind of »e
it was? I told him sir G«onje Barclcy
come Of pr, and 1 told the whoie d^t|;n of
assassin dtiou u! the prince of Or inge, thai
was intpib^rd to tuke bim oH't as Ur «:ame In
Ricbiiioiid trom buuiing'.
Mr. Phipps. And jHay what did Mr, Gn
buruc Siiy to you r*
Porter, lie said he would be ready to
aloni^ with me.
Mr. P/tippa, You say, yuu eent by bim thi
ca^e of |ii^lids iii sir VVili^am Parky ns i at ll
time did you tell bim tor what desijurn tb4l
pistols y% ei e f
Porter, I told him, they were for the thn
men that sir William Paikyns was lo omm
njion three of hifi tive borse«.
Crunburne, Did ytm speak to me to cti
ihoie pistoU to sir VVilliain Parkyns.^
Porter, t think so, to the l>est of my
menibraiice 1 ordered you myself to e
til em.
Sir B, Shower, Captain Porter, I desire
to recollect yourself, aiK^l tell us plainly,
tber the desi|fn was coiinnunicated
Cranburne belure the l'»th?
Porter, Certaitdy, Su-.
Sir B. Shower, Art- ycm sure of it ?
Porter Yes, Sir^ I am sure of it.
Sir B. Shower i I %hk you, because you
what has been said upon Uiis occaaiou in
trials.
Cranburne, Wliere did you write the nol
that you say you sent to sir Wiltinm Parkyn
Was that note seHled, or was it not? ^
Porter, 1 did not tell yoa that J wnHHt
note.
Cranburne. You fwore that yoti wmlft
note, and sent it by me to sir Wdhnrn Pu^jj
for two horses.
Porter. 1 said no such tbin^. Sir.
Sot, Gen, Look ydu, ca[itiiin Porter, let hi
ask you any quewttons ; and if they be prop
answer them, and let not bis attirmations
mistakes provoke yon to be angry.
PorUr, I said, 1 lent bim to sir Willi;
Parkvn!i, for a note to have the horsefr,
Mr. Lewis*
Mr. Phtpps, Did you send bim witi
ter, or was it a messdge by word <»f mouth f
Porter. ] did send hira by word of moul
for a nc»ie.
L, C, J. Pray, gentlemen, observe tht
deace : sir \\ itham Parky us was to irive a
JWr two horses, and captain Porter sent C
burne for the note.
^Ir. Phipps. I'he (question therefore that
ask, is, wbi'tber he trot a letter fur the no
or whether by word of mouth ?
Portrr, | sent by word ot mouth.
Cranburne. Prjiy will you tell the coi
what you said upoti the *4^2d to Mr, Peuderg^r^
and toe, alter you came down from the Bin
Posts, leaning upon the rail.
Porter, i do not remember i tvord of it,
iiOj
Jot High Treason*
I oAoitnt rememl^er etery word ihat I hare
Sir E, Showtr, If you can remember one
particutsr, sure you oui reiiieniber anotlit^r.
if ^tM csniif^t remember tUb, bow came you
M rrmeittlMfr fttiy pirt of tUe tluicounMs ibul
iMten^ ot the Blue Posls?
JVlcr* l^dkuse itial Has material to tbia
, far 1 Un^l very soon af^er a particular
I to recoUect U upon tbe breaking uul
tf IIm |»b>t.
CfttH^nuf. Pray what hour was it ibb Ski-
tiiiiiy the l^tb, Uiat you conimunicittiMt lliiii
^oifD Ui me t
ftrt^r, i caiiDOt teU wbnl hmir, but 1 say
t«a mrt at ttie Blue-iVsts Satunlay tbe K'^ib.
Crtm6i*nir. Vou say, you fommum^ateil it
tvinettie t5th.
Hi, Gen. lie mys be communicated it to
|0f, bclofff the 1 jtli.
Cr^mhume. 1 desire to know where be waa
tblMb,
fwi^r I say, ooe day before the 15tb ; m
tbi wwfk 1 sent for )i>u to c«me lo my loiltf-
iflfif and yon did cotue^ and tli<:re 1 t?<Hiiniu-
mmcA it to you.
Cr^mhmrni* il^ir, I was nut at your b»%inga
tbiweek,
Hr Fhiftpt, VYhat day of the week ?
ftrritr, 1 cannot be positive ultether it wa»
UnivmiUy or Friday, or what day \ but one
plir thai ^et!k it was.
\ llr. Fk%ppu You ought to be positive wbeu
I Fortfr, I do tell you as nrar as I eon.
L Mr. Pkippi. U'ltb tuhmikSion, niy tord, be
i lo be poeit&ve one way or other.
.C^J, ni&yt 1 do nnt aee that be ou^ht to
ire lo a day ; be may bo mj if be can*
kime* Pray what day did you say you
I tte ti> air George Barcley ?
I fmter, I do not say that 1 ever sent you to
^G^ense Uiirclty,
i Mr. Phippi* Can you take upon you to say,
A lie was at your lod^iug^ ihui week before
jlMh?
Forter, To tbe best of my koowbdge it was
DC ilay tbat week.
Mr. Fhippi* To tbe heal of your knowledge I
Are you sure of it ?
L.' C, J. Hpenk as certainly as yon ean.
Pwirr, Indeed, 1 believe sci^ it was In-fore
Ibel4th. i aui sure, I thiiik« it was with in
t fir four ibtys after sir GLinf^e Bare ley bad
aifileil me wrtb it, I sent tu ilie prisoner to
-,-„• i» me to my M)ilui;[% at Mrs. , in
Kor(u)k* street, uikI acijuiiinied him with it,
JL C\ X And i^beo you :ic^uainteil tiini with
it, w hut tbd yau tell bim? VVh^it p^ut uuti he
bactintt?
Ftrrier. 1 told him, I would have him ^n
lAan^ v»iih me, and that t had set liiiii down
for one ul my p^rty. ;&od wnuM provide hitii
Wie atid arm** ; aiud be did a^ree to gu along
ttilklM.
Ir a Shattter. Mr. Webber, Pray let me
far Cbintock*fl ximL
Sb. Buckingham. Why, air Barthofomew, is
Ibe irinl any ewnlence ?
Sir B. Sitou'tr^ Wr. Sheriff, I know what
use I can make of it,
Soi. Gen. Will you ask him any more ques-
tions ? — Sir B. S/iow€r. Nu» Sir.
SoL Gen. Then swear Mr. De la Rue,
[Which was dtme.] Fray, Sir* ihve the cuuie
and the jury, an account what you know of
the intended ftHsassinutiun, and what share tim
[ir4.<>oner had in it.
De id Hu^. It is too lon|f a story to tell
you all that I know ol this mailer ; but. if you
please, I will tell yon tvUni cH>ncerut the pri-
soner at the bar. 1 am heartily sorry tbat I
have oceasiiio m ap^K-ar nt^aimit bim, as I
would be truly at^aiiist any h<»ily - but since [
am here nptui my o.ith, t uinst flt*cUr*» th**
truth, and uothin^ hut the truth; und I hupe {
shall nnt deelart' uny thiti^ but what is truili.
U|ri>n Sut unlay thi; 1 5th ut FebrnarVf the da r
that (he detiiijrn w^a u* have been put in eice*
cution a^aiost biii mujeMy, and all that Wf>re in
the coach with htm, ntM\ ni;njr»jtt his (fuards; f
irteut to i^lr. Cbarnnik'si iiwljjing-s in Norliiik-
street, to inioroi mvBelf whether they re^cdveil
on that day to ^a out upon tbe design; and I
fbun<l hy ^Ir. Charnmk that (hey did re«iolr«
Jt.an<l I staye^l there nubile, tdl such time as
>lr, Chauil»*'rsuuHent ; 1 did not know nhejico
he etiioe then, but, an I uas inlorrned alter-
waiHlji, be came from Kensintjton to Mr, t'hnr*
nock, ami his boots were dirty ; and Mr. Char-
nock told me be bail sent a me^^Keuger to Mr«
Porter i ami* sayn be, * If you will wtay a tittle
* time, I shall hhve an answi-r.' 1 he rnessenifer
came hack, and told him. That captain Porter
dined at the Blue^ Vosih iu Spring -garden. I
did not 4to to dine wiib him, but went borne,
where 1 saw Mr. Kin<j, who told me, that
the kin^ did not ^t^ cnit that day. I told bim,
1 beard he did imt c E Ibund by Mr. Cbambers^s
e^iniin:^ hack, and (hat we bad no notice from
Mr. Cburnockj tliat ii was cuncludrd tbe kinnf
did not go out as itn3Sf;up|M>sed he should have
^nue. When I bad ilined at my hnh^iritr^ J
went lo tbe Blue- Posts m Spring-garden to
Mr. Porter, and there were four, or ttve, or six
people with hiui ; there was mie Mr, Slierlmrn,
and Mr. Kendriek, and two pi'opte tbnt I never
saw ht'fure, und another per^ni, but I cannol
t^ll now who be was, \Vhen ^^e had bten there
a little while, in cmnefi (bi« nnfor innate man at
the bar^ Mr. € ran ho roe ; i i hi not know where
be had hei ii ; hut hy hts coinni|( in so late, 1
KuppiiAe he bad not dined, and he onlered (he
dra%«er to ^ei biru some costelct<(. This is all i
can say an to tbnt day, l hiol seen capt. Porter
twice t>r tbrice bet ween (hat and the '2til, and
he dfsiretl uie to be at home on Fridav nig-bt
betwec^u eijiht and nine, and he wouhl send to
me: be ihd send, and I was from bonte. Hui
wlien 1 came 1 was iiiii>rnied his serf^aot had
been to i^peuk witb me ; and in (be mornm(i^,
about eh^hi or lune o'cloik, Satnrdav the v»^d,
be sent bis fcerrnol to me to tell me Kis mfLsicr
wuuld speak witlk rneai hii bdgin^. I wcui
I
I
I
t5I] S WILLlAAf III,
lo his todc^AQ^, and he then lay in Maiden-
lane» at one Brown's a surgeon ; when I c^me
iti, He Wis in bed ; anti h^ told me in Freoch,
* Toots purttes eotit presls/ M\\ partieB arc
f«ody. I tinders tood ftlk alimc^ that tiitre were
three panics to be engaged ; one to otuck the
king's ctiach^ and the tWD otht»rs the ^aftr(Js :
•if Georife Barcley ^t»i to he4*l the first, and
FortfTftnd Hinik^ood, the rest. Mr. Porter
arfise and dre^jsf d hi m<ie[f, «tnd in came Mr,
C rati burnt ; and Mr. Portpr tveni out to him
in the dtnin|f-nK)m^ and what he said I camiot
t«lt ; but mx^a alter eame in Pender|pNU9^ Mr.
ICeyc9, and Mr. King, and then he takes pen»
iJik, and pafier.
Sir B, Shff&tr. Who took that ?
J)t In Riu\ Captam Porter took p<pn, ink^
«ad paper^ and ^^^rites dofrn a lisf of [its paily,
3Hid put* me down first, Mr. Pendtrii^^
aaked me ifl was tiie captaifi ? And 1 made him
mme answer, but what in particular i cannot
tell ; I think I told htrtt I knew of the thing
liefore the ruost did. But I can renftember par*
ticularly that list was^feii to Mr. Craubm-oe^
to carry to Mr, Chamuck ; iipon whai account
it wa», 1 cannot tell; hut I conoliukd, that
Mr. C ha mock wahi to lie ncf|t)atnted with ihoi!j«
persons thai Mr. Porter wa»» aure of: and Mr,
Porter at that f inie totd me that he wa« dbap-
poioted of $ome people, and desired me to i?et
liicn some other men in their roon»«i ; and be
sent panicnlarly to one that Mr, Kinyr pro-
eiaed ; am) 1 did go, und hrou^bt him to the
lue-Po5ta, where captain Porter told me be
wai to dine ; and the f«'enth'nf*an I went to,
told me he wonlil meet me at the Blue-Poicts
in SpriLi^-garilen. When I came hack fn Mr.
Porter's lodifiojpi, Mr. Porter and iMr. Pendct*
grass, and Mr. Otdtield^ and f , went in a coa<!b
lathe Blue-Posts in Spring- jjardto ; Jind when
we had b**en there a little while, Mr. Cran«
bume camt> hnck to ^ive an account of the er*
rand Mr. Porter had sent liim upon, and he
brings this lisit.
J/r. Grn, Who brouerbt it ?
De la Rue. Mr. Cranburne.
Cranbume. I\ hither did I bring it ?
DelaHue^ To the Blue- Posts in Spring-
garden.
L. C. /. Yon must not ask any questions
till they have done with him. But Mr. Dc la
Kur, let me ask vou what duy wits this ?
De in Hue. 1" his waft Hainirlay the 2Sd of
February ; and lie told .^Ir. Porter there was a
tiiit uf VJr. Charoock*!* men at the bottom of
that list; and 1 took the list in my hand, and
there was 1^1 r. Chirnock^H hst of six or »cvftn,
or thereaboots, oC bis party^ and M the bottom
of it Wv8 R, C. I ihintj for Kobcri Chnrnock.
Mr Poner takea Mr. Cranburo^ from the com-
pany into another rootn, and I went *iftcf them,
and he told captain Porter, in my hearing, that
the kin^ did not ^o ool that day. There is one
tbin|jr 1 furgot winch now [ rceolWt, and I am
upon my oath to tell the truth, and the %%Kcde
trnlh. When I was at Mr. Po«tef*s lodging,
h« la!i me the kinf was to g9 dut ; aad that
TrM ofCharUi CrAnbume^
DW
Mr. Chambers^ the OTderly auM, hsd
word, That the king resiolrcd to go oat
len and eleven .
L.C J, Who said so?
De la Rtte, Mr. Cranbirme fold f
Mr. Porter's lodgings: I say I bad fofgut
but it occum to my metnory now, that be
me there before be went lo the Bliie P<
that th« kmg did go out that day between
and eletcn; for Mr. Chambers^ the orderly
limn, had been with Mr. Charnock or air W mi
Parkyns, to let them know so mucb. Am
afterwards, when be catne back with ibc* Ik
of ca|itain Porter's men, to captam Porter
the Blue Posts, in the Spring-garden, \\
was at the foot of that list^ a liirl of Mr. Cbi
tiock*9 m«n in attotber hand, t suppose writ
himself, but tliat I cauuot swear whose hai
it was I and Mr. Porter took him into i»ft<
room, and then Mr. Cranbnroe tcdd him
king did not go oat, and I belifva it waa tlii
between oleveo and twelve o'clock ; and
aUo tohl Mr. Porter, that Mr. CI)artiock wi
iipprflieusive the thing was discovered,
ihereibre desired him to have a e«re of
self, lor he himself was resolved not to
home that night ; I think, my lord» Mr. Porii
did seud biick Mr. Crnnburoe to Mr, CbtH
nock I I cannot be potitire whether he did <
fiot, but I believe ne did ; because I am wn\
Mr. IJranburue did tell Mr. Porter, sir Geotgl
Barcley would speak with him ; and Mr. ""
lor mnde answer, why should he desira m# .
go to him, when he knows 1 am under fon
ill circumstai^cefi, ami he can better e<iiii# I
iwe f And I believe Mr. Porter did send Mi
Cranburoe ouue again to Mr. Charndck.
X, C. X Well, pray do not say any thiq
of any matter, but what you can bo poiitiTt 11
De la R$t£, Bat Mr? Porter did not g«» i
Mr. Charnock, nor did Mr. Charnock cuoiel
him, therefore they staid there and dineil ; an
after dinner, or a little before dinner, Key4
the tf umpeter came up and told us, that mj
lord of 03tlnrd*s rcgiuient of Cuards wat
inrned from Richmond, t!>arning: Keys
down stairs again to learn intelligence, as
thought, and C4ime up and told ub be aaw
kin^'i conches newly returned to the Mc.
»nd Mr. Craiibnriie was by all the lime; 1 ihi
this was before dinner, and tbeti we went
dinner.
L. C* J. ] tell you agam, do not s|>eali mj
tbifik llml it material, but what you oati be |MI
sttifc in.
De la Rue. I am positive as to the tkiftg
and that it was the 9Sd of Kebruury, but I <»M
wvt be positive as to ill the circutni^tait«ec«
After dinner there was the usual bt*alib<$, t
Jacobite healths lo king James, and the priAtfl
of Wiiles, ami the Restoration, and the tike
and iift<>r that I think it was Mr. Porter ti
an Orangp in his hand, and i»c]ucezed it, 1 am
sure one in the coui|iany did, and drattk some*
thing lo (lie Rotten Orange, I cannot vei
Weil ren^eu^r j u&t now w hat it was ; but
would be cautious of spying any tbuig but fvki
m truth ; ^Li1 if ymir lordship will ^ve me
I Wte to rrci»IWct ray self, I will tell you what
il was — Oil ! it wfts * to the i<jtteeKiiitr of the
liutten Urani^e,^ aad the hcmlth i\^iit rottoit,
' 9t\d Mr. CraolKim^ was in the cuitipany, sail
I ^mtk tbtf l)f tilth. But bejug ilisapi«viul4Mi anri
fuled of tkm iletftgu hy the king's not ^q-
tJjat (fcay, aod Mr. Porttr b*^ing
9ped by Mr.Charaock to take careof htm-
lieing tolii that Mr. Cbamt»ck uoiild
^Mlie ftt lioroe that mfiUx^ and the guards re-
in that manner^ they were alt appve-
I tK»l the thing hnd taken ^ir, atiil t!»c
I of Aaaaaainatin^ the kui|^ was discovered,
lai Hicref^ Mr. Porter coiicludt'd of ^oln^
Mfif Ipwa ; aeveral heeltbt wfre drunk rouud,
lad I liitfik about tuo o'clock he weot out of
kitm^ wmd tlMO the cotnpaQy broke up. This
k vliai I €tm my as to the prisoner, and 1 hope
IkftTe aaid nothing- but what \s trutlj.
9tL Gem* Then, i»y \m-d, we dejire to know
l4flb€r they will ask liiio any questions i'
Mk. P^ippM. At the time yon say this list
Hf gireo by captain Porter to Mr. Cranbiirn«|
dUMr. F^ffMr declar€ to what purpose the li^it
mmmmf
Dt la Rue. No, Sir^ not a word of any such
Afi||^. Mr. King- was by, and Mr. Pender*
gnavwaui by, and 1 think Mr. Keyea was by,
Mdbtt irrii a list of his party , putt ing^ me down
fall #pil Mr* Pendergrasa said to me, You
'o, and he gasrc it lo Mr. Cmnburoc
it to Mr. Charnock ; what ilie partt-
wa«, 1 cannot ha poaiti? e : in-
do not very well remend^er the tnes-
tBe^km the list waa carried to Mr. Chamork,
iM lithe best of my memory it was to g^ive
Hr.diarfiock ao account what men bo wof
«it«f$ f<kr Mr. Porter told me of several dis"
appMoienls he bad had, of persons ikftt had
flMtocl inWf and failed.
Mr. Phijps, Can you remember what Mr.
tattlnirfte said upon Uiat?
Dr U Ru^. No, I do not.
Qrmmhmrne. Wiiat measag^e wa« thai» you
HI, I brought from air Geor^re Barcley ?
Dc la Huo I do not kuy that you brought
my mcflsage firom i?ir George liardey^
Carji^rae. You said that I brought a ines-
nigv, that air George Borcley would i^ee him.
ht la Hur, I du not say so ; hut I iay that
yan ttdd Hr. Porter that Mr. CljurnofJc sent
foia with a message to let bim know thai sir
&■•. Bardey was desiroui to see Mr, Porter,
10 ooofer about taking care of Iheniselvc^.
Cmmkumt, Did ynu hear me name sir
George Barcley** nnme ?
Sh l» Rmu. 'Ye», 1 *ay you lolrl Mr. Porter
Ikat Mr. C ha mock md you caution him to take
tan 0l'hiimm^il\ and that he wvM go tUcit way,
ftf air George Barcley, and he, ilesirtNJ to see
kin ; wd Mr. Porter said it was an uureaion*
iMtlbingfor Mr. Gharnock to desire it, be-
fittm iba J knew ho waa under cirotjmstancesi
llittlfna not proper lor him to go, and he
Mttdijud th^y would not rather come to bim<
L C\ /» nhu lime a-day was this f
k
De la Rue, Il was about twelve o^clock, i
think.
L, C. /. Waf it aAer sacb lime as the newt
was hrotight thai the king did not go abroad
that day ?
Jh ia Rue. Yes, my k>rdy il wtm aAer that
lime.
Mr. Phtpps, Were you with sir George Bar-
cley when he was here in England? jDid yoii
see htm here?
De /a Rue. I did nol aee him on this aide
oftbe water. 1 knew him abroad, and a great
many other unfortunate persons, that were
coDoerued in this aii'^ir ; 1 knew son»e of them
here^ and thot ihey were concerned in the de-
sign, but 1 did not converse with many, inde€4
with hut a very few about it ; for to shew that
J was not a man that defiigncd to trepan or en»
snare any man, 1 did never exchange two
words about this matter with any porsonfi that
f knew were eonoerned in it, but sir William
Parky ns% (and that lint in a small measure)
and Mr, Chiurnockt and Mr. Porter, and Mr,
King, and colonel Pnrker; except what passed
u|Kjn the 2 2d, between Mr. Porter and Mr,
Charnock, when Mr. Porter sent Mr. Crou-
burnc to Mr. Charuock. Mr, Cranbiirne was
one wlio Mr. Porter oalted his quarter- master:
I know thiB gentleman was coiiimonly depend-
ing upon Mr. Porter, but J think I never was
much in hit com pan v ; 1 did not know what
dchign be bad upon hfm, hut I was told by Mr.
Porter, that he intended to make him hi^
quarter- master, and I understood Mr. Porter
was to have a tvoop of hur:ie in colonel Parker's
regiment
Mr. Phipp$, Yon say you knew a great
many of litem that were eoucerued, but yoti
discourbeii and conversed hut witli & few P
I>c la Rue. I do so. Sir,
Mr. Phippi, How do you know that Ihey
were concerned, when you did not dtsoourae
with ttjem ?
De la Rue. By information from Mr. Char-
nock and Mr. Porter.
Mr. Phippt. Do you krK*w any thing mor«
of Mr. Cranburne, than the list, and what you
have said already ?
De la Rue. I give you an account of aU
that 1 do know.
L. C. X Answer that particular question.
Do you know nothing moi-c than what you
have said ?
De la Rue, No, my lord, 1 do not remember
nor know any inor<? aa to Mr. Cr&nbume thsn
what I have decbred, artd I am sorry 1 bad
occasion to decfure so much.
dit. Gen* Then call Mr. Pendergrass.
[Who was sworn. 1
Sol, Gen, Pray will you give my lord and
the jury an account of what you know of the
intended assussinittion, and how fur Mr, Cran-
hurne, the prisoner at the bar, was concerned
in it.
Pendergrais. My lord, the 13th of February
last, I came out of fiaitipshire, Mr. Porter ^nt
ibr me to come to town^ and j met hitu tK%t
^
855]
8 WILLIAM IIL
day At the Blue-Posts in Sprfogf-f(irden, and
there he told me of the assassinatiou that was
to l»e d«>ne on Setunlay tbilowing: the next
day we dined at the Kose-taTern, where the
Erisoner dined with us, and we talked of the
usiiiess ; that was Friday the 14th, and we
were to be in readiness the next dav to assas-
sinate the kingf, as he was coming from Elich-
mond ; but some oom|Niny comme in after-
wards, we lef^ oflT the discourse, and talked no
more that nt({^ht. The next day that we were
to do tlie business, we met at the Blue-Posts
in Sprinf^- garden, and findings the kinji^ did not
go abroad that Saturday, we dined there at the
Blue-Ptuits, and talked over a^n of assassi-
nating the king, and the priiioner was by at the
same time ; tliey were aJI mightily conoemed
the kinff did not go that Satunlay ; but when
we liad dined there, we had no further dis-
course am»ut the assassination that day, but
every body was to prepare against the next
Saturday.
L. C. J. Was that agreed upon then ?
Pendergran. Yes, it was by all the com-
pany ; so we parted that dsy. 8ome time the
next week I met 1^1 r. Porter, and Mr. porter
asked roe, if I had a horseman's .sword ? I
told him, No : says he to Mr. Cranbome, Let
capt. Pendergrass have one of the horsemen's
awords that you have got. 8ays Mr. Cran-
burne to me. If you will come to my honse
you shall make choice of one yourself, for I
liave several at home. Said I, Mr. Cranbume,
1 cannot go that way, but I will Uke one of
your choesing, if so be you will leave it at my
lodgings : he said he would do it, and did ; he
left it at my lodgingi in Suffolk-street, which
sword I have still. The day following I met
him, and he asked roe if 1 had received the
sword P 1 said, I had it ; and he said it was
▼ery well. AAer tliis, I did not see Mr. Cran •
bunie till Saturday the S9d, at which time f
came to Mr. Porter's lodgings between nine and
ten o'clock in the morning, and the prisoner at
the bar was there, and 1 heard Mr. Porter give
him a message to go to sir William Parky us
for some honti'S, 1 know not how many, l^hc
prinouer went, and in some time after came
twck again, and brought an account that the
king went out that Saturday the 33d to Rich-
mond ; so every ho«ly was to get ready : and
I'Ir. Cranbume said, that Mr. Cbamock de-
sired that Mr. Porter would send a Int of his
-meu ; upon which Mr. Porter wrote a list of
his men, and gave it to the prisoner to carry to
Mr. Cbarnock, and bid him meet him at the
Blue- Posts ; and Mr. Porter, and Mr. De la
Rue, and I, took coach, and went down to
Spring- garden, and when we came to the Blue-
Posts, there were some persons that 1 think
Mr I>e la Kue had an^iointed to come there : say on behalf of the prisoner in this rest
the tirisoner comes tnither, and brought the j this : Here are but tliree witnesses prod
list back, with a list of Mr. Chamock's men ; and as to one of them, De la Rue, there
underneath. 1 know not who the men were, i evidence that he ^ives your lordship ai
for I saw it only on tlie one side of the table in jury that affects this matter, but only that
Mr. Porter's hand ; at the same time the pri-
coiicr brought an aocouuti that the |^og did
Trial of Charles Cranbume^
not go abroad that day, and presently aft
had the same accoimt: from other hands
captain Porter and I went cot of town, a
heard no more of it.
£. C. J. Are you sure that ht did ag
this matter before the 15tli P
Pendergrass, Yes, I am sore of it
agreed to it Fri«lay the 14tli, at the i
tavern, in Oovent-garden.
L. C.J. C>n the 15th, it seems they
disappomted ; are you sure there was ao i
ment to pursue it the 22d ?
Pendergrass, Yes, 1 am sure there wa
lord.
L, C. J. Was the prisoner there ?
Pendergrass. Yes, my lord, I am sor
the prisoner at the bar wins there.
Crunbume, Pray, Mr. PendetgraM,
there any discourse about thia thiog w
was there P
Pendergrass, Yes, Mr. CranburiM, yoi
not hot remember there was.
Cranbume, What hour did I come 1
pray. Sir .?
Pendergrass, Truly, 1 cannot be potiti
an hour ; but you were there while thi
course was.
Cranbume, Whether I did stay thi
the while, and who was in the company!
Pendergrahs, All ■ the company bnil
about six o'clock ; there was Mr. King,
Porter, Mr. Kendrtok, Mr. Cranbume,
Keyes, and myself.
Cranbume. Was Kendrick there wl
was there ?
Pendergrass. Yes, I am sure of it ;
do you all the justice in the world that I •
Sir B, Shower. You say. Sir, he did
upon the 14th to this desigti ; pruy what ^
did he use ?
Pendergrass. He did agree that we s
attack the king the next day.
Sir B. Shotcer. Pray, Sir, if yon ca
collect yourself, what did the prisoner as
whether you took him to agree liy being si
Pendergrass. He said, he hoped we s
execute our business the next day.
L. C J. What day was that r
Pendergrass. That was the 14th of F
ary, and the same night I gave account c
matter to my lord Purtlaud.
Mr. Phipps. Did he agree to be one I
execution of the design ?
Pendergrass. Yes, he did ; he disoo
the matter to me himself.
Att. Gen. My lord, we have done wit
evidence.
L. C. J. Well, then, what say you to
the prisoner ?
Sir B. Shower. My lord, what we hi
was a list given by capt. Porter, and o
the prisoner to Mr. Charaock, and te br
for High Treason.
b. Bat he does not recollect, nor
oy ineMage that was sent from Purter
A. D. 1696.
[S5S
to Mr. 'Chamock : now, m v
bare carrying of a note of names will
idenoe of treason. Mr. De la Rue
iwear to any privity of the prisoner,
list was for, nor to the delivery of the
h is the overt-act in the indictment ;
what account this list was written, or
coaght hick again, or any word that
1 from captain Porter to him upon
e list, or any word when it was brought
in. So that as to De la Rue's tasti-
e must submit it to the memories and
un of your lordship and the juiy ; we
only proves a plot in general, of which
lo peradventure, every body is satisfied
re was such a hornble conspiracy :
It have been condemned and executed
sve owned it, and so it can never be
; but he does not say any thing to af-
pnsoner at the bar; for as to the
of healths, and being presant when
alths were drunk, though it be an evi-
' disaffection to the government, or too
kmI manners and complaisance to the
f a man is in ; yet that disaffectk>n, or
iper, or complaisance, we hope are no
s of treason. It is plain the prisoner
od very much upon captain Porter ; he
rath bis servant to go of his errands.
Beted an office from him, God knows
Mit it does not appear by any particular
hat he did any tbmg that can be treason,
r. De la Rue's evidence. Then, as to
r. Pendergrass says, I must confess his
t comes home : for he says there was a
of tlie assassination, and some agree-
'ibe prisoner to it ; but I must beg your
1^ favour to observe, upon Mr. Pender-
cvidence, if that stand akine, it will be
witness, and then we are safe by the
' of this act of parliament.
/. Ay, and by the law, before the
of that act.
. Shower. Then, as to capt. Porter, I
pg leave to say, if our witnesses are
lat were absent at the other trial, and
>ve what is in my instructions, it will
much questionable, whether theve be
idibiiity due to his testimony : then if
£ off nis testimony, there is only the
e of >lr. Penderrrass ; and if he be to
fed, to which I nave nothing^ to say at
in the case of a man's life, upon an in-
t of treason, where the law requires two
witnesses, his single testimony is not
It to convict the prisoner. We
call our witnesses, and then we shi
lo your lordship, and the jury.
Phipp* A% to the particular overt- act
he in«lictnicnt, ihe carrying about the
y Mr. De la Hue speaks to it, and sir
MDCW Shower has gif en it an answer,
laH not repeat it.
/. Ijtok y e, for that, if any one overt-
ovcd by 2 witnefses, it is well enough.
XIII.
Sol. Gen. Besides, they mistake, my lord,
extremely ; for captain Porter and Mr. Pen-
dergrass speak both of them to that particular
as tothe^ist.
Sit B. Shower. Wedonot deny it; the ques-
tion is, Whether you have two credible wit-
nesses ?
Cranhurne. Pray, Mr. Penderj^rass, do you
remember what daptain Porter said to you, and
I, when we came down to the Blue-Posts,
leaning upon the rail ?
Pendergrat$. Indeed, Sir, 1 do not.
Cranburne. I would have you recollect
yourself; as we stood against the rails in
Spring-garden, when we came down from the
Blue-Posts, after the design miscarried, Mr.
Porter said, Mr. Chamock and they might
thank themselves if it were discovered; * For,'
savs he, * I never communicated a word of this
* thing to any of my party.'
Pendergrass. indeed, I do not remember a
word of it. Sir.
Mr. Phipps. My lord, we have one piece of
evidence to offer against the testimony of cap-
tain Porter: he says, that he sent Cranburne
vrith Gunn from the Cock- pit to see for hackney
horses, and that Cranburne came to him to the
Sun tavern, and there they had some discourse
about executing the design the next day ; and
being asked, who was by, when he communi-
cated the design to Cranburne? and partica-
larly, whether Mr. Gunn was by? He says he
came in afterwards, hut was not there at the
time of the communication about the design.
Now we shall prove that Gunn came in with
the prisoner, and was with him all the time,
and there was no such discourse happened.
Sir B. Shower. Call Jeffery Gunn, and Mary
Gerrard. [They appeared/l Your lordship
will observe, what captain Porter swore, that
be went into the room to Cranburne, and Gunn
was not there : now, if we falsify him in that
particular, we shall submit to your lonlship
now far he is to be believed iu the rest.
Att. Gen. Pray, sir Bartholomew, ask your
witnesses what you will, but make no descants
upon their evidence till you have heard them.
Then the two Witnesses were sworn.
L. C. J. Well, look ye, you are both upon
your oaths, consider what \ou say, speak the
truth, and tell all that you know, and nothing
but the truth. Which do you begin with ?
3Ir. Phipps. Jeffery Gunn— Pray Mr. Gunn,
did you go to the Sun-tavern at any time with
Mr. Cranburne? — Gunn. Yes, I did.
Mr. Phinps. What day of the month was it?
Gunn. 1 cannot positively tell the day, it was
of a Friday.
Sir J5. Shower. Was it of a Friday, in Fe-
brua»-y, or January ?
Gunn. It was lu February.
Mr. Phipps. Was it before the plot broke
out? — Gunn. Yes, it was.
Mr. Phipps. How long was it before the plot
broke out ? — Gunn. I cannot tell that, truly.
Mr. Phippi. Whence did you go ?
8
»55]
8 WILLIAM III.
I
I
day a I the Blue- Pastil in Kpiing-^rden, and
thi^re litf toM me nf the HssFLs&itmlion that was
III he iUn\f on JSnlnniay ttil]n«vtu|^ : tLj? licxt
tlav we i\\nei\ al the K<>«e-tiiveni, wliere the
prisoiier iHi*€tl wiib us, ainl we talked of tt*e
buiii liens ; that was Friday tUe Htb, and we
VtCFv lo be iu readioes^ the iiext dav to ausa^-
ainale the king", ai he was comities fit»ni lUch-
niotfd ; but some cniii|mTij coming m after-
wuntij« we left utT the di^couiiKC, and latked no
more that nigliL The iiejtt day that wc were
to do lire husiness, we met iit the Blue*PiJst?i
in Spring- £;iirden, and Hndirig tltt^ kiu^ did not
(f 0 abroad that Salurduy, \^e dined there at the
Bloe*r«i»tii| and talked over aiTain of assas^i*
Haling' the kioqr% and the prisoner was hy at the
liamc tune; they were uU mightily concerned
the kiog did not i^o thai Satnnlav ; bnt wh«r^n
we iiail dined there, we had no further dis*
loutse uiniut the assassination that day, but
pvcry bmly was lo prepare og^aitist tJie ntixt
8atui^ay*
L, C' /♦ Was that agreed upon then ?
Pendrrgniss. Ye», it was hy aU the coiti-
fany ; so we parted thai day. home time the
next week I met Mr. Porter, and Mr. Poner
asked nie, if I had a hortwman^s iwmd ? 1
told liim, No: says he to Mr. Cranhunie, Let
<"ajil. Peridergrass have one of the horhemen's
KWonh tliat you hin^e §ot. t^aya Mr, Cran-
liinie to me. If you will cnme to my honse
V«>u shulJ umke choice of one yourself, tnr I
haveaeveral at home. Said I, iVlr. Cranburne,
i caiHiot go that way, but I will take one of
?'Oiir cb<Miaingr^ if ao be you will leave it at my
wlgin^ : he said he would ilo it, and did ; be
left it at my lod^ng^ iii Huflblk -street, which
aMord I have stilL The day fotUnvitig I met
him, and he asked nie if I had received the
fword? I said, I had it; and he said it H-as
Tery welL AlWriliis, t did not see Mr. Crau-
hume till baturduy the 3'Jd, at which time I
came to Mr. Porter's lud^gings between nine and
ten o'clock in the mominjr, and the prisoner at
Trial of Charles Crmnbume^
not ^ abroad that day, and presently after i
had the same account from other bvida ; as
captain Porter and I weat out of town, and^
heant no more of it,
L. C. J. Are you sure that he did agree
thia mailer before the 15th ?
Pendergrau, Yes, 1 am sore of it ; I
agreed to it Friday the I4ih, at the Rot
tavern, in Co vent -garden.
L. C.J. (In the ISUi, it aeenid they
disap^ioinied ; are you sure there was an agif
meat to pursue it the 22d ?
F4ndcrgrau, Y es, 1 atu sure there waa^
lonl.
X. C. J. Was the prisoner there ?
Fendergrati, Yea, my lord, I an
the prta«nicr at the bar was there.
Crunlurne, Pray, Mr, Pentlerirraas.
there any discourse about this thing
was there?
Fender grass* Yes, Mr. Cranburtie, y*
not bat remember there was.
Cran6urae> What hour did f come ll
pmy, Sir f
Fendergrau, Truly, 1 cannot be posittre
an hour ; but you were there while ibe <f
course was.
Cranlmnte. Whether I did itay there
the while, and whfi was in the company ?
Fender gra^i, AH the company broke
about hix oVlock; there was Mr. King-, cm
Purler, Mr. Kendrtc^lc, Mr. Cranburne, I
Key es , a n d m )'feel f .
Cranburne. Was Kcodrick there when
was ihei-e?
F aider grau. Yea, I am sure of it ; 1
do you all the justice in the world that 1 cj
J^ir B. Shmeer. You say, 8ir, he did
upon the 14lh to this desigu ; pray w
did he use f
Fender grass, ITe did a^ree that we
attack the kin**- ilic next day.
Sir B. Shower. Pray, Sir, if you
c«dlect yourself, what did the nriiioner
the bar ssas there, and 1 hearil Blr, Porter give whether you touk him to agree by being
him a messat,'*? tu go to sir Wilham Parkvns
for some hurbi%, I know not how many. "the.
pritioner went, and in some time alter came
iMck again, and bri^uj^bt an account th^t the
kiug went out I hat Saturday the Qad i<j Rich-
mond ; so every InHly was lo gut ready : and
^r. Cranburne i^aid, that Mr, Cliarm>ck de<
Hired thai Mr. Purler w*nild send a list of his
ineu ; u|»on which Mr. Porler wrote a list of |
htii %x\e\\ Bud gave it to the prisoner to carry to
Mr. Charnock, antt bid him meet hini at the I
Blue-Po«ts; and Mr, Porter, and Mr. De la '
Rue, atid I, took coach, and went down to
{»priDg-gpirdeu,and when we came to the Blye-
Posts, tlieie were son^e persons that 1 think
Mr Dc la Rue had appointed lo come itiere
Fender gntu. He said, he hoped we si
execute our hintiuL-s^ the next day.
X. C X What day was that ?
Fendergraii. Tliat was the 14th of Febr
ary, and the same night 1 gave account of
matter to my lord Purtland.
Mr. Fhippi Did he agree lo he one io
execution ot the design ?
Fender grass. Yes, he did j he disooti
the matter to me himself.
Ait, Gen. My lord, we have done with^
evidence,
L. C. J. Well, then, what say you to it
the prisoner ?
Sir B. Sh oner. My lortl, what we hare
say on btdtalf of the prisoner in this respect
the [prisoner corner thither, and brought the j this : Here are but tiiree witnesses prodtii
ha back, with a liiit of Mr. Charnock s men
underneath. 1 kuovv nol who the Dien were, i
for I saw it only on the one «ide of the table in
and aa lo one of them, De la Rue, ibere is
evidence that he gives yuur lordship and 1
ury that utfecis this matter, but only that tbi
Mr, Porter's hand ; ^t ijjc saciie time the pn* 1 was a list given by capt« Porter, aud carried
foncr brought an accouut, thai the |^og did , the prii^iner to Mr- Charoock, and so brat^
w
Jur High Trtaion.
bthit\
EiorQpon
a^fn. But he doe« uot recollect, nor
T to aoy message that was sent from Purler
the prtsooer to Mr. 'Chamock : now, my
|fcrd, tJie ban earning of a note of names will
lie ixi evideoce of trt^sott. Air. De la Rue
iMn swesr to any priyity of tiie prisoner,
the lis»t wnA foi\ nor to ihe delivery of tbe
t, which is the overt-act in the imiictment ;
what account this list was wrjittn, or
;, or brought buck aj^ptin, or any wont that
'ed from captain Porter to bini upon
the list, or any word when it was brought
ftgain. So that as to De la Uue^s testi-
1MDT, we tmiist sn limit it to the roeftiones and
leooilectton of your lordship and the jury ; we
tbiak he ooly profesa plot in general, ot wlitcb
Ibffe is no pcradienture, every body is salii^fied
1^1 there was sncb a bornble conspiracy :
thoK that hate been condemned and escectUed
^il^ have owneti it« and so it can never be
4ouiiUnl ; but he does not ^ay auv thing to af-
hX ibe prisoner at the bar ; for as to the
i^Amis of healths, and betn^ present when
tbMt])«alihswere drunk, ihough it be an evi-
Iao0 of disaffection to the jrovemment, or ton
tndi good manners and complaisance to tbe
tmffV^y a man is in ; ^et that disatTecttoo, or
^fdimper, or coneiplaisance, ue hope are no
tfiieooea of treason. It is plain the prisoner
44 Impend very much upon captain Porter j he
»u in truth his servant to go of his erranils*
ind e3rpecie«i an office from him, God knows
tbni; but it does not appear by any particular
lavHuthai he did any thing that can lie treason,
span Mr. De la Uue*s evidence. Then, as to
WA Hr, Pender;; rass says, I must confess his
^bec <?onies home : tor he stivs there was a
^1^ of the assassination, ami some agree-
MHI«f th4^ prisoner to it ; but I must beg your
MiUp's favour to observe, upon Mr, Pender-
linrMli eridcDce, if that stand alone^ it will he
mime witness, and then we are safe by tbe
Ifonifvr of this act of parliament,
L, €. X Ay, and by the lavv^ before the
^ikiaof of that act.
Sit U. Shirmer, Then, as to ca|»t. Porter, ]
lioat beg^ leave to say, if our witnesses are
cooie that were absent at the oihtr trials and
Ik^ prove what is in my instruclions, it will
Ve very much questionable, whether there be
lay credibility due to his teitimony : then if
jou lake off his testimony, there is only the
tridcoc^ of Mr, Penderpass ; and if lie he to
be beheyed, to which I have nothing to say at
proent^ in the case of a man*8 life, upon an in-
(ifltonent of treason, where the law requires two
Qiilble witnesses, hts single testimony is not
■fieieot til convict the prisoner. We beg
ktve to call our witnesses, and then we shall
lave ' • r lordship, and the jury.
II As to tlie particular overt-act
Wi**...v ■' ' nt, 1 he carrying about the
bl« only t [iue speaks to it, and sir
navtSioliiiu. er has given it an answer,
lad I that] not repeat it.
L C J bx>k 3 e, for that, if any one overt-
tct n proved by 2 mtueiiet, it ii \vetl enough.
^OL. XIII.
f
SoL Oen. Besides, they mistake, ray lord,
extremely ; for captain Porter and Mr. Pea-
dergrass speak both of them to that partlcoJar
as toihe^ist.
Sir B.5Aoarr. We do not deny it; the ques-
tion is, Whether you have two credible wit-
nesses ?
Cranhurne. Pray, Mr. Pendergrass, do you
remember what (Captain Porter said to you, and
I, when we came flown to the IMue-Pofit9,
leaning upon the rail ?
Fcndergrau. Indeed, Sir, 1 do not.
Cranburne. I would have you recollect
yourself; as we stood against the rails in
Spring-garden, when wc came down from the
Blue* Posts, after the design miscuriicd, Mr.
Porter said, Mr. Charnntk and ihey might
thank themselves if it wire discovered ; * For,*
says he» * I never communicated a word of Ihia
* thing to any of my piirty.'
Pendcrgrass. Indeed, I do not remeniber a
word of it, Sir.
Mr. Phipp$. My lord, we ha?« one piece of
evidetice to offer against the testimony of itap»
tain Porter: he sa}% that he sent Cranlmrue
with Gnnn from the Cock-pit to see fur hackney
horses, and that Cranburne cnme to him to the
8un tavern, and there they had some discourse
about executing the design the next day ; and
being asked, who was by, when he Cjommuni-
eated the design to Cranburne? and particu-
larly, ivhether Mr. Gunn was by ? He says he
came in afterwards, hut was not there at the
time of the communication about the desj|fn.
Now we shall prove that Gunn came in with
the [irisfmer, and was with him all tbe time^
and there was no such discourse happened.
Sir B. Sihower, Call Jeffery Gunn, and Mary
Gerrard, [They appeared."] Your lordship
will observe, what captain Porter swore, that
he went into the room to Cranburne, and Gunu
was not there : now, if we falsify him iti that
particular, we shall submit to your iortlsbip
liow far he is to be believed lu the rest.
Att. Gen, Pray, sir Bartholomew, askyom*
witnesses what you will, but make no descants
upon their evidence till you have heard them.
Then the two Witnesses were sworn.
X. C. X Wetl, look ye, you are both upon
your oaths, cousider what you say « speak the
irmh, and tell all that you Icnow, and Dothiug
but tike truth. Which ito you begin with ?
Mr. Fhipps. Jeffcry Gunn — Pray Mr Gunn,
did you go to the Hun-lavprn at any lime with
Mr. Cranburne? — Gunn. Yes, I did^
Mr, Fkippi. What day of the mouth was UP
Gunn, 1 cannot positively tell the day» it was
of a Friday-
Sir B, Shower. Was it of a Friday, in Fe-
brua'-y, or January ?
GuHH. It was m February',
3Ir, Ffiipps. Wan it before the plot broke
out? — Gunn, Yi^s, it was,
Mr, Fhippi. How long was it before the plot
broke out ? — Gunn, I cannot tell ihat^ truly*
Mr. Phippt, Whence did you go f
859] 8 WILUAM HI.
Gunn, I WB9 at the Cock-pH, and I went
from thence to the Sun-tavern.
Sir B» Shower. Whom did joa meet there?
Gunn, I saw captain Porter there.
Sir JB. Shower. What room were yon in ?
Gunn. We went mto a room next the street.
^^ir B. Shower. Who was there with you ?
Gunn. There was Mr. Cranburne, and I,
and Mr. Keyes.
Sir B. Shower. How longp was it belbre BIr.
Porter came in to you ?
Gunn. He came in about half a qnartm- of
an hour after I was there.
Sir B. Shower. Were you there from the be-
ginningr till Mr. Cranbnmc went away?
Gunn. Mr. Cranburne and I went from the
Cook -pit together.
Sir J^. Shower. How long did yon stay there ?
Gunn. 1 was there about an hour and a half.
Sir B. Shinocr. Were you out of the room
at all in that time ?
Gunn. Yes, 1 was out of tlic room once.
Sir B, Shower, How long were you out of
the room ?
Gunn. 1 went home to my lodging.
Sir jB. Shower. Were you ever with Mr.
Cranburne at the Sun -tavern at any, time be-
sides tftis ? — Gunn. Never in my life.
^ Sir Ik Shower. Whom did you leave with
him when yon went out ?
Gunn, Captain Porter and Mr. Keys, aa I
remember.
Sir B. Shower. Were you there before cap-
tain Porter came to him f
Gunn. I was with Mr. Cranburne, and cap-
tain Porter came in about a quarter of an hour
afler ; we came from the Cock- pit together.
Sir B. Shower. Vny recollect yourself, and
tell us upon your oath, Were you there when
captain Porter came in ?
Gunn. Yes, I think I was there uLen capt.
Porter caiue in.
Sir B. Shower. Did you go and leave him
there ?
' Gunn. We went all out together. I was
there about an hour and a half.
L. C. J. Nay, but you said you were absent
some time.
Gunn. I went home, and came back again.
Sir B. Shower. When you went home, did
you leave Mr. Cranburne behind you ?
Gunn. Yes, 1 think so.
Mr. Phipps. Did you leave captain Porter
with him ?
Gunn. I think captain Porter was with him
then.
Mr. Phipps. But, upon your oath, was you
in company with Mr. Cranburne at the Sun-
tavern, wlien captain Porter came first in ?
Gunn. Captain Porter went in and out se-
veral times.
Sir B. Shower. Did you see captain Porter
before you went to your own house?
Gunn. Yes, sure. x
Mr. Phipps. Then it cannot be true what
Mr. Porter says, that Gunn did not come la till
aflerwards.
2'rial of Charles Cranhume^
Att, Gen. Now, Mr. Gunn, 1 1
a question or two first,. Were yov
while that Mr. Cranburne was
you go home ? — Gt^iin. I went I
Att. Gen. Did yon come ^k
Gunn. Yes, 1 went home and
tuab.
Att. Gen, How long were you
Gunn. I came back in half a
hour.
Att. Gen. How far is it to yoi
Gunn, It is not above 100 yar
Sir B. iSAoiver. Did Mr. Porte
you before you went home, w
came in with Cranburne ?
Gunn, He came in after we
room.
Mr. Phipps. Captain Porters
came into the room Gunn was no
L. C, J. He did not say positi
he rcniembereil ; now I would asl
tion or two.
Sir B. Shower. Pray, mj lord,
from this evidence is this : Ct
says, that upon Friday the 2tst ol
was with Cranbnme at the Sun-ts
of one room into another ; he <
Cranburne, and talked with him n
ami after that Gunn came into th
the communication was over: i
swears he went from the Cock-
Cranburne, he was with him in
first when captain Porter came
afterwards he went to his own he
captain Porter with Mr. CraQ!)ur
back again, and they came aw;
now, we Ktiy, these two are incc
captain Porter swears that Gunn i
till alter the cominuntcation was <
L. C. J. As he remembers.
Mr. Phipps. Nay, I think he
he came in afterwards.
L. C. J, As I remember, he \
tive ; but call captain Porter yjjaii
Mr. Phipps, When you cuir;
year house, who were in the roon
Gunn. The same company as
as I remember.
Mr. Mountagiie. Was captain
room* when you came back ?
Gunn. Indeed I cannot direct
lieve he was.
L. C. J. Pray observe what
snyaj he says, captuin Porter can
and was there several times be:
awav.
Gunn. Yes, my lord, he was
L. C. J. And J ou were absent
bnt were you there some time I
came in ? — Gunn. Yes, I believe
Tiien Captain Porter cam
Att. Gen. Look \e, captain Pc
that man there ? — Porter. Yes.
Att. Gen. Pray give an accoun
know of that man's coming in tfl
Sim-tavem.
IBJ) Jhr High Treusofu
F^Ut, I came several times out of m
G«ofge Barcley^s room into UieirSf and to tbe
^of my retnembraoce, Mr, Cranl>ujne wi»
ilitn? tyf^fore HtuiD came in.
'-. D« jau rf?meo>ber wljtnher
: ii4t ^ou went out of sir George
^ riHitii la speaL uiiti ilr. Cranhuroe,
. luj was tbere?
/V*r/cr. To tUc best of ray remembrance be
*i* not ; to the k^it of my remembrance, Mr
f-vtjm, 1 NHiv Mr. Cranburne m ibc room be-
luic yoii V, -IS iber*.
hit B. Shnuer. Did yoo not order Gutin to
fiome Willi bim to the Sun-tavero T
Gorier. Ve«, 8ir, 1 did.
Sr B. Shof^cr, Caouot you tell whether they
«yM logetiier ?
Fmi^r^ 1 was not in the room wheD tbey
WBtt in lifstf but to tbc best of my ri^meni-
bmctt ba itaiE not there ivbeo 1 csme in the
tatmw.
LCmJ, Now, GuDD, you hear h hal cap-
Iti Forter iayi ; before you went awuy lo
fsirowti boucc^did Mr. Porter come into the
mm Id you P
Oayrn. Indeed, my lord, ( am not poattjve, I
.Att. Gen. Neither of them is positive, arwl
iL It % circumstaoce not very material ;** for it
Most lia waa abseutt imd toen the diieouiae
tiffbilMw
JL C J. No, it is not material, but you see
tfqtt ft itriet est a mi nation what it comes to,
Sr B. Shower. Th^y ava a^nrd upon it, I
, tiO b(! positive on neither side.
9kippi* Mr. Ctacbtune, pray aak Mrs.
Itrtial yoii have a miud.
' Mrttc* Pray w hat do you kuow of ca^)-
tib Bof1er*fi GTolng out in disgui^« and wear-
kfttlMm \xmx and vixardii, and goiu^ upon the
b^toay, ami tuch things f
Gtrrard. I kuow not what Mr. CrenUuroe
Hftia [41 which tile people laughed,]
Sir B. Skoucr. It is no laughing matter,
tkcn a loan ii upou his hte,
X. t-. J, No, no, lei him have fair play ; aa-
mm ikim cjaesttun*
C^^mk^me, Bo you know any thing of your
ttaitcr^a go«Dg abroud in ilbigiiiiiee ?
Q^rrmrd. I do uoi know any thing of my
WnttfUt^B foia^ upiin the highway.
!LC, J. Did hi* go uui vinh fizanh, or aiiy
Cirrard. 1 never saw him wear a vizard or
llbt iMvrd in aiy life, but he had «»uce a patdi
IB aftwn l>e waa foi\;erl lo keep out ofrhe way,
11(011 tbe account of the Dog'taietn liuMnej»&
ia Drury ■ huie.
Ilr. Pkipf^$. Bee if iMr. Edward Boucher is
hert. [He waii caile«J, but did not appeun]
%aB.SlwwtT, CftU Mra. BurPm. [Which
tnadwittf but ibe ^ uot appear.]
Hr. FMppi. la William Hardy man here P
(tfi^was called, but did not ap|>ear.]
Str B, Shauer, Then call Simon Dawfion,
ltd «e bai c done. (WUkiU waa done.)
A. D. lem.
[1^69
Cr^er. They are all called, but they do not
appear.
8ir B. Sko&cr. My lord, we rnunt submit it
to your b>rdship^$ direct iotis, upon the evidem;e
thut has been givi^n^ as lo the croilibihty of
tliiiae witiiai»!t^»and whether what capt Purler
says, and wh^U Gunu says, be consistent; so
that you can be saii^tied there are two lawful
credible wituesaes to prove any overt- act,
X. C* X Yes, aure ; but 1 would have you
debate it, il' you believe there be any thioif
in it*
8ir B. Shower* I subtoit it to your lordthip^a
direclions.
L. Ci /. The queaiioa is, Whether 1 should
give aoy directions at all ur oo« or whether
there be any occasion tor it ?
Crajiburnc. I declare thin openly l>efore ihii
honourable court, and ao muny noblt^meo aff
are here, that Mr. IVrler nrver made me ac-
quainted with thU design, till what he swore
here.
L. C,J, I cannot tell^ it is tworo by lire
witnesses.
Cranburnr, I do declare, though capt. Pea-
dergraK« says he dties not rememtier il, thai
captain Porter did decUre iu Bpring-gardee
tbe ^2d, when be came out of the Blue-Po^ta
by the rails, If this <leiign mi&carry, sa^a he,
Mr. Charnock may ihaok himself: for T never
oommunicated this secret lo any of my friends.
L, C J. But hark ye, do you conwder what
you say, If this drsigu miscarry ? Pray what
design wua that?
Cranburne, He never oamtHl any thing but
the design, he did not say what it was.
L.C.J. But why were yim employ t*d to
carry a list from capiat u Porter to Mr. Cbar-
uoclc, and lo Uijig a \kt back again froiu bit|t
to captain f^orter r
Cranhurnt. I did carry the note, but tlieie
was nothing mentioned wfiai the list was for.
L. C. J. Then you wme there on Friday
the Mlh, and thert the design wait propost^d to
assassinate the kiog tbe next day, and you en-
gtiged in it.
Crnnbume, Not a word of it true, my lord.
X. C\ J. Ay, but Mr. Peiidergm^ swt^rs
it, ami that you were hearty in the matter, and
hoped you shoubl do your bustnets the next
day.
Cranburne, I cannot b^lp it if he does swear
it.
L. C. X Then you were at tbe nieetiug •!
tbe 8uu- tavern, the 'i let.
Crefi6ern«. My lord, you bear what Guoo
aays.
L. C J. As 10 thai, they are ueilher of i hem
posiitive; but you did iher«: |iromise uud under-
take tbe matter, that captaui Porter is pobitive
in, thai it wsis ajriied by > ou all to do it tlie
2£d; and Mr. PetiderM-niss Bays, when yiiti
were dUappointed the Ifiih, you all agreed to
pursue tbeiiume deHitfu tlie^aVimlay following,
Cran^em^. My l4»rd, I did not dine at tbrfS
Bl ue- Posts tbal day.
L. C;. J. But you were tbere \ i ibi&k^ Ukr
S63]
8 WILLIAM m.
Trial of CharUi Cranhume^
deed, Mr. Penderpfrass savi you came in after
dinner, and ha\.d some steaks.
Cranhume. 1 neVer heard directly nor in-
directly of this design, till what I heard them
■wearliere.
X. C. J. Gentlemen of the Jury, You do
understand tor what crime this prisoner at the
bar is indicted : it is for higfh-treason, in de-
siflpninc^ and compassing the death of the king,
which was to be efft^ct^ by an assassination in
the most barbarous and wicked manner, that
any attempt of that nature can possibly be
made, being to surprise the king, and murder
him in hia coach.
The question, gentlemen, is. Whether this
prisoner be gnilty of this crime or no? There
nare been three witnesses produced that have
B*?en efidence against him, captain Porter,
r. De la Aue, and Mr. Pendorgrass; and
tliey do all tell you that there was such a de-
sign on foot to assassinate the king, as he came
from hunting at Richmond, after he came on
this side the water, in the lane between Brent-
ford and Tumhatu -Green. There were di?erse
persons engaged in this design, which sir
George Raraley was come from France to pro-
mote and manage : captain Porter, as it does
appear upon his evidence, was a person that
was principally engaged, and at that time was
hearty in the prosecution of it.
As to Mr. Cranhume, captain Porter tells
you he was a man that he had had a long ac-
Suaintauce with, and hod employed him, and
esigncd to employ him as an oiRcer under
him, in case a revolution happened, which it
accms about that time, and some time before
it, was expected. Captain Porter was to have
been a captain, and 1 think he designed to pro-
mote Cranhume to be his quarter- master ; and
he sent him to buy arms; and preparations
were made for that business ; but that is not
the thing that we are now upon ; the matter
that now properly falls under our considera- | li
tioD, is this : the coming over of sir George j i;
Barclay, the latter end of January, or the l^-
ginning of February last ; upon which, as it
seems, Mr. Porter was engaged ; and having
an interest in this Cranhume, and there being
horses to be furnished to attack the king and
his guards about Turnliam-Green, this man,
Cranburne, was a person thnt was engaged to
be one of the horsemen that were to make the
attack \ and he tells you that he did employ
him to provide horses* and swords, and to pre-
pare tlie pistuls; and that he did engasfe in it,
and |>articularly that the design was to be exe-
cuted on Satuitlay the 15ili of February, and
that he was then ready to go with capt. Porter ;
but on that Saturday the knig did not go abroad,
whereby the design was disHppoinU*d for that
time : afterwards, there was a meeting at the
Sun-tavera in the Slraml, where he met with
■ir George Barclcy, and others of them ; and
there comes to that tavern Mr. Cranhume and
otiiers, and they were in anotlier room, and
captain Porter says he came to them, and did
discoune sbout pursuing the design tbe ^mty
and Cnabnmt
next day, which was agreed,
was ready to go the next day. «
Then he tells you further, that the next day
being Saturday the 22d, the second time X\aX
this assassination was to have been execoled,
upon the desire of Mr. Cbaraock, who war
a person also that was engaged in thii de-
sign, c*aptaiu Porter writes a list of the mcD ba
could bring, and sent it by Cranburne to Char*
nock ; Cranhume carries the list to Mr. Chai^
nock, and brings it |tack again with an additioa
of tlie oamcs of Mr. Charaock's men nudm*
neath.
Mr. De la Rue is called, and he fweaia W
that very circumstance, that Mr. Cranbont
was sent by captain Porter with a list to Mr.
Chariiock, and brought it back again from Mx:
Charnock, with an addition of other namti.
Then Mr. Pendergrass telle yon, that he M
with this Mr. Cranburne, the prisoner at tkg
bar, the 14th of February, and Uiere was a dii-
oourse of going in pursuance of this daaga IIm
next day, and the prisoner agreed to it, wbiob
he is positive in : he tells you, that when tbay
were disappointed tbe 15th, being at the Dlw
Posts, they then agrreed to pursue it the. aot
Saturday ; Cranburne was cue of them Ihil
agreed.
Captain Porter and De la Rue inform jm
that healths were drank to the late king, aai
the late queen, and the prince of WaMs^ m
they calletl him, and then at length, ta Jba
concluding health, captain Porter, or soma tf
them in the company, having an orange iihil
hand, squeezed it, *and drank a health la da
squeezing of the Rotten Orange, which wH
Idedged by all, and particularly by Mr. Ciaa*
Kirne, as is proved by both captain Porter aid
De la Rue.
So that now. Gentlemen, I must leave it li
you, whether this is not evidence sufficieiitii
1*»rove this man guilty of the treason wheretf
le is indicted, that is, of designing and in
ing the assassination of the king, and beidcO"
gaged as a party to execute this design, inim-
ever there was an opportunity.
The counsel insist upon it, on the behalf of
the prisoner, that what captain Porter myt ii
no evidence : in the first place, they urge thtf
he is not a man of credit, for they have mm-
tioncd that he used to be disguiseil. and wctr
a vizard mask, and go abroad under odd cir*
cumstauces, and therefore his reputation tfaff
hope is not good enough to make liim a credible
witness aginst the prisoner : now the prisoner^
witness being produced, says slie uever knew
him go in disguise, or wear a vizard mask, bil
once he wore a patch, because he was
some ill circumstances ationt a riot in Drury-
lane ; every body understands what the mean-
ing of that was, his drinkintr of healths at a riotp
ous assembly, upon the 10th of June, and ha
being under some prosecution for that, ooca"
sioned him to wear that disguise, but it WM
not done to hinder any person, or do any mii*
chief.
But then, say they, he ia mistaktD \m Vk
J&r High Treason,
[iftdcfice, of the meeting at the Sun-taTern the
Sit of February, the day before the last^ that
• de$i^ was to have been executeft^ for
wtiarcas he says, that Gunn Has uot tbere u hen
hecune lo them, yet Gudii was iu the com-
puiy at that time, and whereas he swears po-
silivdy that tbey discoursed of goin^ ii|>oti the
Mine (iesi^ to assassinate the kinj^ the next
daj, as was agreed the Saturday before; Gunn
beard do sach discourse. Gudd is called, and
be teils you he did come to the 8uEi-taverii at
that titue, wiili Cranbume and captain Porter,
bteame inti) tbe room, and he heard no sncb
teourae. They did open it^ indeefl, that Gnnn
Mbem there all the while, and if so, then if
tfase bad been such a discourse, he must have
bard it. Gunn has been examined, and does
ten you be was not there all the while, hut
iicilool aod was absent for some time, about
klf a fjuarter of an hour
Tbey have made a question, whether captain
forter came in when Gunn was there ? He
mp trtily be thinks that captain Porter did
tmt into the room while he was there, before
k went out, bnt he cannot tell certainly ; he
mi there some time, while he was there. Then
eiplaia Porter was called a^in, and captain
P&rter does say be knows Gunn ^as there, but
tbetber he waji there at that time he came in,
l« cannai say positirety ; but Gunn savs cap-
tua Porter was going in and out several times,
H Porter says himself; and Gunn was absent
firwome pari of the time. 80 that f cannot
^ lOfrt of contradiction between tbecFi-
'that PcirieT gives, and the evidence that
f l^cs ; the one is uncertain, and so is
^er tts to that circumstance.
Geoliemei), they would infer, thai if
i was any such dbcoorse wliile Gunn was
, it must be of necessity that Gunn must
} heard it ; bnt it is not necessary the dis-
»ahou)d b* when Gunn was ihere : cap-
1Mb Porter swears positively, that there was
•neb ft diaeoorse of goin§; the nejct day to pur-
M» Ibe detiiri^ atid be says be thinks Gunn
HIV not present at that time when the discourse
itit, and Gunn says be was abcent some part
if the time.
Aad 10 I must 1ea?e it to you : upon the
if Mr. Cranbume, tbt prisoner
at the bar, did consent and agree to act in thia
bloody and wicked design, thtn you are to find
btm guilty; if you are not satisfied ofihat upon
the evidence you have beard, or you think there
is any inconitistency, or incohereuce in the tea ^
timony on the one side, and the other ; and
that there is good reason to disbelieve the eri«
dence against the prisoner, then you are to ac-
quit him. You have heard your evidence, and
you had t>est consider of it.
Cl. of the Crown, Who keeps the jury f
Cryer. There is an officer sworn.
Then the Jury withdrew to consider of their
verdict, and about a quarter of an hour after
returned.
CL of Ar. Gentlemen^ answer to your
names, John Caine?
Mr. Caine, Here. (And so of the rest,)
CL of Ar. Are you all agreed of your ver-
dict?—Jury. Yes.
CLqfAr, Who shall say for you ?
Jury. Foreman.
C/. ofAr. Charles Cranbume, hold up thy
hand, (which he did). Look upon the priisoner;
how say ye, is he guilty of the higii- treason
whereof he stands indicted, or not guilty ?
Foreman. Guilty.
CL of Ar. What good* or chattels, lands or
tenements, had he at the time of tlie treason
committed, or at any time since ?
F&rcman. None, to our knowledge.
CL of Ar, Then hearken lo ymw verdict a»
the court hath recorded it. Yon say that
Charles Cranburne is tyuilty of the high -treason
whereof he stands indicted, but that he had n'^
goods, chattels, lands, or tenements, at the
time of tbe high -treason committetl, or at any
time since, lo your knowledge, and so you say
all— Jury. Yes,
Mr. Caine. My lord, tlie jui^ humhly de-
sire« they may be discharg^ irom their at-
tendance to-morrow.
X. C J, We cannot do it, unless the jury
be full without them ; if you come early, we
shall dispatch you presently.
Then the Prisoner was taken from the bar,
and tbe Court adjourned till aeven oVtock ttie
next morniDg,
S WILLIAM IIL
! Trial qf Robert Lm/alch^
588- The Trial of Robeht Lowjck, for High Treason : S Willuj
IIL A. D. 1696/
April ^t, 1696.
1 HIS day ihe justices «f Oyer and Terminer
hotden for ttie coiiniy of ^Itdille^ex, mtt, and
tHe court was resunud by pro c tarnation in usual
form.
Cltrk of the Arrmgnments, Keeper of Ne\v-
fl[«le, vet Robert Lowjck to the bar, (wbicli was
done). You the pn«oner at tbr bar, R»bert Txi-
wick, those men that ^uu shall hear ealied
and personi^lty a|»pear, are to jiass between our
sovereiffD lord the kintif aud vou, upon trial of
your life tind death ; if thtTeforc you will chal*
lengethetn, or any of them^ your time Is to
«|>ealc nnto thetn as they Come to the book to
be sworn, atid before they be sworn.
'Mr. Mompesson, If your lordship pleases to
favour me with one word For the i^nsoner at the
bar, I shall not trouble your lordship with any
Uiin^ that was ut^ed 6y the qfenttenten that
were of counsel j^esterday, but 1 sliall rely
upon fiomeihing that has not yet been s^xtkeii
to. My lord, they have not laid any time or
place whei'e the consent or a^eement was, for
the forty men that were to set upon the king
and his guards: there is a time laid before
where they met and discoursed of the wayi
and means how to assassinate and kill the king^ ;
iHit when it comet to the ' Assenserunt, eon-
* sfifiMrunt^ et agreavenitit,* with submission,
this being* another act^ there ought (o be ano*
tber time and place laid, and for that 1 shall
eite your lordship two or three cases j for men
may meet and propose, and dt&course, and con-
»ult of such things J ihonj^h they he very ill
things, and yet that may not be treason. It is
the a^rreement that is the treason^ and so it was
hell I in t^aotaiu Bl aqua's Case about taking the
Tower. They may meet at one time and place,
and at another time and plflce they may agree,
in Dyer, 6B H. nnd 09 PL 93. i man was in-
dicted for murder. That he at sucb a place in
and upon the pers«jn that wa» muj*dered, ^ in-
^ gnltum fecit, it iphum,' the person that was
murde«;d, * cum qiiodrtm cu!le!lo,' of such a
price, ' percussit ;' and be does not shew the
place where he struck hini, nor had the indict-
ment the words » ^ ad tunc ei ibidem/ and there*
fore the court h^ld it void : so it is likewise
ruled in Goodi ick*s Cast-, Hell. 35 el 1 19, and
therefore in indictments for murder, since they
geoeraMy set (brth not only the time and place
of the assault, hot likewise of the blow ; so
likewise in thmirs of a more interior natures as
reacucs returned by the isherill', ilirU the Capias
waa served, but does not shew wfiere the rescue
waa; or tbou^^h be j^hewg where the arrest
was, and an * et' coupled the rescue to it. yet it
was adjudged an ill return. Dyer 69, PI. 59,
10 Edw. 4. 15Fit«. Ret. Vice. 3^' Bro
Det. Bre. 97» and Error 193. Palm 56
ill N'oy IH, there are tUe-e words, ''
was tnoveil in discharge of rescue, (
was, that they, vi^. A. B. aforesaid, i
' ad tunc et ibidem vulneravemnt,'
the aforesaid George, &c, ' Iic^4-.*.^*«.
without *■ ad tunc et ibidem,' re^Serred
tiie ♦ rulneraveiiint/ and not to tlie * n
' runt,* and theretoi-e the return was ailjo
insnfficient; for, my lord, aUhon;;h in
Teyaticea. a clause or word in the beginoj
end may refer to the whole, yet in ind id
every sentence must he certain, plain, and
press, and have its own time and niace :
fore in Noy's Rep. 122f Uaymond wasi
for slopping a cross- way leading from a
vilie called Stoake, into a ville cal' ' ^'
the county of Dorset, and the »
quashed, because in the * county ui L/«rsei
refer only to JMtflton, and not to both:
indictment of forceable entiy into a mej
* existens liberutn lenementum* of J. S.
good for want of the words * i^d tunc,*
the participle * existens* does strongly
that it was his hoti»e at that time, 3 Cro.
Het. 73. Noy, ISl. Palm. 426. Bridg. sg
3 Cro, 214, et 610. Sid. 10*2. Lat. 109, Ac-
And my lord Coke tells tis in Calvin's C
5 B, that indictments of treason, of all othi
are the most curiously and certainly iud
and penned; and all those that I have
-and obMTved, have contained more cei
liian the indictment now before your Ui
In Reginald Tucker^s Case, the iudii
wan, That he and Thomas Place a pud
water. In Com. Somersett. piiediet
saver nut, to kill and denose the king, ^c,
to bring their treasouniole purpos«!is to
tliey the said Begin aid Tucker ai»d Tl
Place, the same day aud year, at Brid^
albresaid, in the county uforesaitl, againi
king, with a great multitude of peopk% ar
in a warUke manner, viz. with swords,
* seipsos illicile et proditorie insiund ail tunc
* ibidem congregaverunt et astern blaverunt
* Ifuerram puljlicam conlru dictum Domini
* Begem upud Bridgwater pried ict. in Cotn.
^ prfedict. dicto vicesimo Die Junii Anuo pritoo
* supradiclo proditorie pamvprunt, ordinaverunt
*■ et levaverunt.^ 8o in the indictment of Gati
ns it is set forth at large in a plea in t»ar oj
Dower, brought by his wife, he uith force
arms, *■ apud villam de Ware,' ike. assembleil
with a great many pefNons, •* et helium cnrdele
' contra dictam Donniiaiu Beginam apuil VVare^
*■ pnedict. ad tunc fals^i el proditorie puhlicavil
* et levavit, ac insuper ad tunc et ibidem falso el
* proditorie,* proclaifUfd the duke of Nnrthttm^
bertand, to be lieutenant-general of thtir forces}
* et etiatM fal&o et proditorie apud Ware predict*
4
Jot High Treason*
ir^' proclaimed the lady .^^an Dudley
Tbis is in DiMidluwe*s Reports, piib-
»y Serjeant Howe, fol. 55, placito91.
p ear! of'Leic filer's Case, PInwd. Com.
indidment is Inid much alu-r the same
anti many otlicr indictments, which at
f am uiivrlllin^ to trouble jour loniship
111 this bcin^ one ot a new fonn and of
impression, f hope j-our lordship will
isufHcieiit. And, my lonl, when they
Ty antI say, * £t quilibct eoruni prodi-
per se suscepit esse unum,' there is no
time alleged where th^it was done,
necessity should be mentioned : for it
taot rule*in our books, tliut what is is-
ught to have a jdaoc where it may be
v^w, this is issuable, and the most ma-
\t^ in the indictment is, for compassing
*» death. The overt-acts are. That
ler Koit^htley the prisoner, and two
d cousult to kill the king- ; and after-
d agree how to do it, viz. hy forty
, (^iionim these should be four, and
* at thein did agree to be one ; then
> other overt-act of providing arms for
lotr suppose they should not prove
Yiz. the providing arms; then, my
' must resort to one of the other overt-
thej»e four did consult and agree to
ing ; or that these four did agree the
ow to do it, as is laid in the indict-
ri it \ft plain they must foil of proof of
:hese ; for by the not prosecuting any
; name of Christopher Knightley, but
\ a r.ew inflictment against one Alex-
ishtlf-y, it appears that Christopher
p was not there ; and the proving thrse
PTs making a consult ami agreement,
•riiijt' (if the same overt- act tliat is laid
Sctmenf, as it ought to be by the late
as tlicy can prove that a consult of
consult of four: and if it be answer-
t is allfj^eil, that * Quilibct conim su-
Q^cepit,' then will that come to be is-
nd tlie most material part uf the in-
; and consequently a place ought to
1 laid where it should be tried ; tbis,
is a distinct sentence of itself, it is in
k>is. and though you take it away,
of what remains is perfect and intirc ;
pqnently tbis sentence is or should be
tscif, and therefore ought certainly to
shI. Besides, if your loniship pleases,
losititely laid, what these persons se-
nd prtmik to be, there is indeed uien-
le before of forty horsemen, agreed
!»et u[»on the king, thru comes the
-i*, ' Quorum iidcm Chnstophorus
Icy, Robertus liOivick, Ambrfjsiiis
c«>d et Carolus Cranburne forciit »jna-
l quililiet eoruin priMlitorie ^siiper se
I esse ununi.* It is perhaps expressed
o^'b by the word * Quorum,' that it
^rd tbese should be four of the forty
i; b*it there wants the repetition uf
• Quorum,' to express what they se-
Bg^g^ tu be ; and the word * ct* cau-
A. D. 169G-
[«70'
not join and connect the sentence! : for « forent'
anil » suscepit' differ not only in number, bat
also in mood and tense, and the sense is not ne*
cessarily coherent ; lor it might be true, that
the majority of the company might agree these
should be four, and yet they themselves might
not severally engage therein, and one or some
of them might undertake it, and yet the com-
pany not agree to it ; and it cannot be mended
ny intendment. There was Vaux's Case, in
the 4 Rop. 44 ; he was indicted for murder, for
fiersuading a man to take Cautharides ; it was
aid. That he ' persuadebat eundem Nicholaum
■ * recipere et btbcre qucndam potum raixtuni
' cum quodam veneno vocat. Cantbarides ;*
and the indictment says, * Quod pnsdictns Ni-
' cholauf nesciens preedictum potum cun Ve-
* neno pncdicto fore intoxicatum, sed Mem ad-
* hibens dicta; pcrsuasioni Willieimi rec epit et
* bibit ;' but docs not say, * venenum pricdic-
' turn,' but yet it adds, *Per quod pnedictus Ni~
' cholaus immediate prist rec^ptionem veneai
' pnedicti' Ianguishe<l and died; here, one
would think, was a sufficient implication, that
he took and drank the |ioison ; but it was ruled,
that none of these words were sufficient to
maintain the indictment ; for the matter of the
indictment ought to be plain, e^ess, and cer-
tain, and shall not be maintained by argument
or implication, and therefore for want of those
words the indictment was held insufficient, and
the man again indicted for that offence; and
there seems much more incertainty in this in-
dictment, and therefore I humbly prayyonr
lordship that it may lie quashed.
Sir B. ShoTcer. ^Iy lord, we think the ob-
jection is lully put, and therefore we desire to
have their answer to it.
. Alt, Gat. (sir Thomas Trevor). We think,
ray lord, this objection will receive a vtry plain
answer. The indictment sets forth, That at
such a pbre the prisoner at the bar did ima-
gine anil compass the death of the king : there
is a parliculur case \^ here the imagining was,
and that they, to accomplish that treason, in
compassim^ and iin-«o|ining the d«*ath of the
king, did, among others, * po&tea cisdem <Ke et
* anno apud parochiam prtRdictam,' meet and
consult, &c. so there is the same place set
forth again, wherein they fljd meet and consult
of the ways and means, und time and place,
when, where, and how to assassinate the king:
and immediately it follows, * et consenserunt ef
* agreaverunt,' &c. that forty men, whereof'
they were to be four, and every one of them
undertook to be one, should do so and so. Now,
my lord, say they, it is not said that the agree-
ment that there should be farty men to do if,
was at the same time and place where they
did meet and consult abo:it the ways and means :
but, my lord, with submission, '\{U very plain,
that the agreement for forty n»en, and the par-
ticular agreement for them to l>e of the num-
ber, is but the effrct of the coasuitation that is
mentioned just before: for it is said, they con-
sulted how they should do it, and they agreed
to do it in this manner ; tlie particular manner
I
I
I
I
fri] 8 WILLIAM in.
h set farth imme^liately after that, it b said
ihev diU consult of the manner ; so that, my
lorJ^ It IS part of the lormer sentence ; a parti-
GutarrEioa^ of what thpy did a^-ee upon at thai
Consultatfon ; hut it h no distinct overt-act: if
it had bi^n a distinct overt-act, then the cases
that hai-i? Iieen cited by »be counsel, do *hewr,
that there should he a particular time and place
Ijieutioned for every overt-act ; but this is only
a part of that overtact that was mentioned
geni^rall y before : thin tells you purticularly
what the means were they did ajfree upon, and
the spDteiice is ool compkte till yuu have gone
o?er this; so that, my lord, with suhoiission, it
had h<jeD very improfier when they agreetl at
such a time and place, of the means and ways
how it should be effectet!, then to set forth that
it wan at the same time and place where they
did consult of the way^t and means, that cannot
be proper ; for it in not laid at tirst, that there
was any particular way ]>rofK>Bed, hut ordy in
^Oeral, they coiisulteff of the ways and tneans;
therefore, my lord, all this that Mr. !\1ompesson
has said, wilt not be pertinent to this case, it is
impossible to htive been otherw ise ; it is hut a
part of the sentence ; and it is not complete till
you have gone over the several particulars: as
to the Case of a * Rescous/ that is, the offence
upon which the matter is to be grounded ; the i
^ Verheravit* and * Vulnerarit* are not the res-
cuing^; but where there is not one sentence
complete, till you come to the end of these
wonls, there it must he all taken together ; so
it is here, they consulted nfth? way, and agreed
this to be the way, which they set forth in par-
tjcubr : it is joined to the former part of the
sentence, and the whole is aot complete with-
out it<
Sol. Gen, (sir John Hawles) With sub-
missiou, my lord, it cannot he otherwise, nor
can they make it sense otherwise.
L, C, J. (sir John Holt), They say you
might and should have put in, * ad tunc et
* ihtdem.'
tSaL Gen^ With suhnusaton^ my kird, f say it
cannot be repeateil aguiu : indeed, if you would
make it like the case, as Mr. Mompesson would
liare it, that forty men did agree to it, and
forty men did it, it were necestaiy to name
time and pbce, as it is in the case of murder :
that he did agree to murder htm, and after-
wards knocked him on the head, there you
tliall lay time and place where he agreed, and
where he did the act, for there is an act done ;
hut in this ca^e there is uo act done, but only
an agreement that forty should do it, whereof
these lour were to be part of the namher. Now,
Ihey cry, you do not say what these fonr were
to be for. Yea, we do: the forty were to do
Mitch an act, and these were to be* four of that
forty, and every one of them undertook to be
one ; so that it cannot be expressed otherwise
ihnn it is; for what they say of the indicl-
ment's being not in the same form that other
indictments are, that will be no argument at all ;
for it does nut follow, that there must i)e one
iacpressed form of an indictment -, of right there
Trial of Robert Lcmck,
[ST
are divers forms of indictnieiitt, and all of
good, because indictments are to he fi
according to the particulal* cose, and they
not put me iin instance of such a parttcuJ
case as this. As to that of the mistake of tl
name of Koightley, that UDCjuesiiunuhly can
no oSJcctiou at all i for how does it appe^
the court, that this is against the same pena
that was before indicted by the name of Cbrti
topher? there may be another Chnstopher, f«
aught they know : hut 1 will sup|»o*ie, tliat th
consult Wits prAvcd not, as it h laid, that thef
were to be four ; but only that they ware to IH
three of them, it would be well enough agaitu
the prisoner ut the bar, if he be proved t
he one,
Mr. Convert, First, we have here laid a tiin
and place for the treasoa alleged in the iodid
ment, and als^i for the two overt- a<;ts, hon
when, and where it was to be done,
providing of arras for it ; and lor this pi
of the forty men, that they would have
the *• ad tunc et ibidem^ to that^ is but part oi
overt-act, which was before allegetl ; ti
first overt -act mentioned, is the mi
r;ousultiog, and tliere we lay both ti
place ; that on such a day, and at such
they did meet and consult of the way
ner bow to do such an act : and then we
tinue on the sentence^ by particularizing
it WHS to be ejected ; that they did agre^f
should be forty horsemen to do it, whereof
were to l>e four: this is but a part of the or«i
act, which is the consulting and agreeing upfl
tlie ways and means; this particular mea
agreed upon, being but the result and efieet
the consultation before : so thai wc oon<
there is no want of time or place upoti wliioli
take issue uv tins case.
Mr, Cowpcr. My lord, I think, with si
mission^ there is nothing in their objection, j
I take it to have received a full answer alread j
yet I would ask one thing of the gentlemeo
the other side, had the sentence run wi '
the words ' de iis modis et niediis/ Sec. wbi
follow alter the word * consultavit,* and befoi
the words * et agreavit;' in this manner,
they did then and there traitorously tn
pose, consttit, aiid agree, that forty ho
or thereabouts^ with guns, and so forth,
then tbei% had been any ct^lour to think it m
oessary, that it should be laid in this maai
That they did then and there traitorously
and then and there traitorously pro^
then and there traitorously consult,
then and there traitorousl)' agree : and
then I would desire them to tell me why '
*• and there' is more necessary to one verb *
^ agree,* than it is to all the rest, in sense
common speaking. The only use of a
junction copulative, is to derive the f<irce
some words, in a seutenoe foregoing, down
a sentence following, to avoid repetition :
here, though after the consultation be
many word* that ivkte to that mutter, by w
of parenthesis ; yet the * ad tunc et ibidem* ai
dees refer to all the verbs following,
High Trea90tt4
joined by the cODJtniclimi copulative ; it does
fiOC ?arj Ibe case M all, the uniting in that pa-
i«iillie«ifi ; il U autiwithstantlmg bui as one sen-
l(niQ^: Mid the «upposuig tlirit the parfirlhesis
' , makrs it very jtlala, there can be uo
there wanted a repcliuoii of the
Jem* t*j every tcHk
ft. Wiih siibmissioo to your
fl'^ment, there is no ftnsuer ramie
ihjeetioii, I do a^ree, if tlii^rc Isad lietfi
rtrbs, and no other vienls had inier-
ttned, Ihjl an ' el' would have coupled alt to-
mAt-v. jTivi' vuu need not have rej«eated * ad
Bii m* to every otic: but here is a
■t rerbs, that makes one complete
r gsenlciice ; add if lht« ut' the furty men
' lel\ t>ut, it had been a ^oud ^seDteocei that
di4 propo^ and treat hour, where and
th^t is a sentence of itself, the cooSult-
treatin;^ of the wuys and means :
lltey say« * and they did at^ree and a«-
il forty should do it? now there is nu
ity for the interpreting' of these words,
llliey fthould ron^ult and ;igree at the saine
riotl lime; there is no nec^&sity to eon*
t agreement for the forty nicu with the
>ttott ; they ini^Ut propose and consult
i time &od place, and not agrt^, and after-
•^ree at another time and place : it is
«al« i^ieoificiition^ or, as they call tt, a specific
ml of tbe consultation, Dor a necessary
I «if it, !io as to make it necessary to join
|i>^ibor; ihey might meet and consult
ttooe lime and plaee, and at another time and
fkofihey inigbt agree that forty ^tioitld do it;
'i tkefefare when vou ^y at one lime and
) thty did consult and propose, ami i\t\er-
' I they did ag^ree ; it is not nt^cessarity im-
it muDt be at the same time and
I I «iid when it is not necessarily implied,
' Ilk it necessary iu ijidictments, for cer-
-sskc, to have * ad tunc et ibidem' in-
Ir. Miifnpcsson, My lord, 3Tr, Solicitor Rays,
> to other precedent^, that does not make
ary that this should be like them ; and
tl k *oo argument that it oujjlit to he so
My lord Coke, in Calvin^s ease, tells
bat Tl}* precedents the law is known, and
' nX3 of treason are of all things the
ly penned ; and it is comtnoti to
iJrr the bw is so, because usually it is so in
Ibe pTTcrd^-nts of indictments. Mr, Solicitor
^p^ ■ ' % That there may be a Christopher
^Ki ^ides an Alexander ; but I cannot
^p» thai Mir an answer to the exoeptioti I urge,
^■kb b the want gf * ad tum^ et ibidem^ at the
^^onitit aod the ' Quiltbet; for the ' Qruilibet'
fmy eocne to be in question as the most mate-
ritlpart of the indictment, h«?cause tbe ag^ree-
iDeatof the four upon the meeting of the four
illfged as an ort^rt-act. Now, with snh-
Mon, they iiui^t [trove the assembly of tbe
' t four, or they do uol prove ibe overt- act
' ' laid ; then as to the ^ Quilibet sus-*
^ which is the iDoit'ra«Xerial ptkit^ it has
^ tior pUce.
[>0^ Uil
A. D. 1696- [97*'J
Jtt* Gen, No sure : we do not need to prove
all four, for it is a distinct offence in eat h, and \
if any one undertook, it is well enou;^h aguinst
him : and fur the lime and pbt^ we tell you ifr d
is part of the former aenteuce, and makes hul j
an i til ire one.
3tr. Momptsion^ As for the residue of th^ \
vcrtxif tf ihey had Ireen omitted, it had been <
good sHise \ hut this is a perfect intire 5^entenca|
<dltself, when it tells you what they coii'4idte4
and treated of, as in the Ca^ of the Rescud4
that I put; if il had stoppcfd there, il
been a troud sentence without the *■ Vulnera-
* verunt/
Alt, Gtn. The ^ Rescous* is the offeuce
that ca^e^ the other is diAiinct : but here, lit ■
this case^ oiithiug can he plainer than that atlj
IS one act» as we have laid it, That at such ft)i
time and place tbey did consult and trtat of the j
ways and means; but then there i« no agree-
ment mentioned till after we have said tbey did
cousult of the ways and means, and did agre
that this »hoidd W the way : thus is certainly]
one eutire sentence that shews what the i _
ment w a^ upon the consultation as the resoll
of it.
Mr* Cowper. As to what sir Bartholome\r-^
Shower says. That we ought to repeat the ' ad J
* tunc et ibidem,* unless the seiiKe ot the \TQrd#J
implies a necessity that the consultation amiJ
the agreement should be at one time and placesd
My lord, there can be nothing in that, for tt^
does not arise from the necessity of the thin|p*
one way or the oilier j hut we take it as a& in-
tire sentence , and that the whole matter is suffi«^
cicntly cofinecied, and laid to one time andi
place, thou;rh It might be divided, it must hmJ
taken, as atlegedj to be one intire fact, or elsaj
it recurs to the same objection, that * ad tunc
* et ibideui' most as wefi be put to every verbj
fnt it IS possible they might propose at one tirai
and place, and consult at another, and deb
at another as well as agree ut another : so tha^ J
noihiiig is to be argued from the necesaity ofi
the thing more in one case than tlie other ; for f
one man tuighl propose it in one place, and th# ]
rest might , then shake their heads at it; andj
then they might again meet and constdt at ]
another place, and afterwards agree at a third 1 1
but when it is said ' then and there' they didV
meet, consult, and agree, it cannot l>e under-
stood but tliat the Agreement wtu at the sam«^
lime and pbce with the meeting and consult.
Sir B. Shower, But this can be no answeff. j
that Mr. Cowper gives now, for proposing, and^
I consulting, and treating, and debating, are allJ
of the same signiticatioQ ; for one man^s pro-
posing to another, und the other*s proposing IqI
him, is consulting, treciting, and delmtii:ig ; bnl'j
now coQsultiag and agreeing are diHeren ^
things.
Mr. Cowper. So is proposing and consult-
ing: one may propose : but there must be i
least two to consult ; tliere is thai nice {Jiffer^
^ ence between them.
Sir B, Shower. Epery ooc roust «|pnee foj
hbtiseU; and that mu«t be certainly l£d wii'
»T6J S WILLIAM UU
time and nface, let the prb^^osul and consulta-
tion be what jt wilf.
/.. C. J. Mr. IVfompessofi [mis that Case in
Dyer upon an indictment of murder. That oti
auch a day, and at such a place,* the party
nnade an assautt upon the persons slain, * el
* percuisit;* but dnes not say, * Et ad tunc et
* ihidem percu^sit,* and for not aJJegmg lUat,
the indicltnent' was held iiong^ht.
Alt, Oev. My lord, that is a different case
from this, because ' insuhnm fecit,' and the
* percuss it,' are different crimes ; there is« a
great difference between an aasault and a
atruke ; hut here it is^ That they did prop<j«e
■nd considt of the ways and means, and agreed
upn this particular way *, that is the same
thinfj; it is not an enlire sentence till y<in come
to the end of it, then it is complete wh^n you
ahew tvf)ut was the effect of the consultation;
whnt I hey were agree*! Uj»ou, and not tiU then.
Mr. Miffnpeiioii^ A roan's hohKou up his
hand is an assault, but he luuat actiially strike
In be guilty of murder: so a man may debate,
and yel not agree : it ti the agreement that ts
the Irc^i^on.
L. C. J- Bead the Indictment,
Cf, of Ar. * Decimo di*? Fcbruarii anno
* Regni dicti Donuni He^is nunc septimo, et
* diversis uliis diebus et vicibnt , tani antea qufem
* postCii, apud Faruchiam Suncti Panii Covetit-
•^ Garden, prftnlict/ in Comitotu pra^dict', fals^
' waliti'-' ' ' tiei^, pfoditoii^, compassare-
* runl, iji r machinati fuerunt, e3cco|fi-
* tavcruijk. *it:-i-iiaveruDtetintendebant dictum
' Bomitmtn Reg-era nunc occidere, inter ticcre,
*" et Tuurtlrarei et atra^em miserablleni inter
* fiiletcs subililos ipsius Domini Ilcgis per totntn
' hoc Uegnum Anjjlioe facere, et causare, et ad
*• easdem uefandigsimaa, Deqaissimas ct diaho-
* licos prtiditiones at proditorius compassationfs,
* niachinAiioneiJ, et proposita sua pnedicta f»e-
* rtuipleiit1*j perficiend*, et ad effectiim redigend*
' ipsi iidem Christophorus Knigbtley, Roberlus
* No inilictn^ent (as to the dirersity in im-
peach mentis, see in this Collection the Cds« of
fold IVinloiui, a. d. 1716) can be good with-
out precisely .shewing a certain day and year
of Ine facts altr^cd in it, 8ee Leach*i Hawk,
PL Cr. b, 2, c, 25, s, 77, 7$, and the authu-
rities there citeiL See^ also, lord Kenyon^s
judgement in the King against fTollandp 5 Term,
Rep. 624, G?5. But it is sufficienl in an in-
dictment for treason, as in other cases, that a
lime be laid before the finding' of the bdi under
which may be proved any acts commilled be-
fore the finding of the bill: and as to place in
canes of treason within the realm, it is sufficient
thatan overt-act be proved in thccnuniy where
ttie indictment is laid und the trial had. See
in this Collection the Casc^ of Charnock, vol.
12, p. 11*78; anJofh»rd riulraerino, a. D* J745,
East's FNeas of the Cn>un, chap. 2, sect, 60,
6J, and the authorities there cued; and for
mure, IIS to ihe place where tteasons com-
Qittted abroad or at home, sUull be tried| see
$ecU iO, 41, of ihe&uuie chapter.
TfM ofRoigrt Lowic^t
[J
* Lowick, Ambrosius Rookwood ct Car* *
^ burne, et quam plurimi alii falsi pr<Kbli
* (Jyraior' prtedictis ig^nof i) pottea,
* eodem decmio die Februarii anno sup
* apud Pan»chiam unedictam in Com* pr
*■ dieto, ac div ersis alii$i diehus et vicibua^ tan
* an tea quam postea, ibidem et ahbi io (
* Com\ fals^, inatiiio^^, adv tsAt^, clan
* proditorid, ac vi et armis coii«eniebaiil,
' posuer*, traciaver% cnnsuUaver', cons
* et agreavei% ad ipsum Dominiim R«_
* nunc ex insidtis et dolo ptTcutiend*, An^lit
^ * to assassinate,' interticiend^ et tnurdrumi^ <
' ad e^ecrabilera, horrendam et detestabilem
* Aasas!ii nation', AngUce *■ Aasassinaiion,' et lo-i
* terfectionem ill* citius exequentr et perpe*]
* Iramr postea scilicet etsdem die et anno,
* di%ersis aliis diebus el vicibtis, npud Paroeh
' pned* in Com' pnedicto, proditori^ tractav cr'l
* ptoposuer* et contiultaver* de ?iis« modis m
* mediis, ac tempore et loco nbi, quaudo, qtmil
'liter et quoroodo dictum Dominuiu Re
' sic ex ini^idiis tacilius tnterticerent, et
' senser*, astrea^erunl et asseuser^ qu<id qui
' dragint* liumine^ E«juestrea ant m drcitei
* (quor' iidcm Christophorus K Ho-
' bertns Lowiek, Ambrijsius Rn i Car*
* Cranburtie forcnt quatuor, {vi qiuiibct eot'
* proditorie super se suscepit esse unum) cu
* bomhardiSf aclopis et scJopetis, ptikere I
' bardico el globulis plumbeis onerat% et (
* e lad lis J en si bus et aliis armis armat^ instdia
* forent, et cssent in subsessu, Angiice * ia
* * ambiuh,* ad eundein Doroinura Reg em
* Rheda sua, An^licc * hb coach,' exislenF
* quando foris iret invadeiid% C^uodque qu
' dam et competens numerua de hominibus dij
' sicarmat' in satellites, Angiice 'the guar
' ipsius Domini Regis eum tunc attendend' i
* secum existen' aggressi forent, et eoi i
*■ uarent et devincerent, dum alii eorundem 1
^ minum sic armat' ipsum Dnmtmim Re
* percuterenti inierticerent, occidereot et i
* drarent.'
Mr, Mompeison. The consnlt is like the ti
sault, and the a^eemcnt is Hke the Ktroke.
L, C.J. Trcotf. Jl is a nice ca&e
would have itj but 1 tliink it is very nutu
the king^s counsel put it at iii^st ; they j
c{insuhation of the ways and meant
fihoutd be done, and then they condod
thii!> it sJiatl be done : all whicli makes I
iiiUre thitjg.
L. V, J. They say they met that da
Paul Covent "^arden, that is in ihe in
and did consult how to kill the king ;
consented and agreetl among themselv
it sliould he done in this manner : doth not tiki
refer to both time and place in the beginning j
It is a coiitinuiug on of (he satne sentence, i
makes all but one and the tame act; it it 1
result of the consultation at that tiiue
place.
8ir B. Shmt'^r, But, my lord, it might bei
another place : they might considt at on
place, and conclude at another.
Mt, Cont/crt. But it is laid to b« al the i
irf]
ftxr High Trdoitm.
pUoe, for no otlier |»lt€e does appear, «nd it k
•Bft conttDueii sentence.
L^ C. J^ Triffty. You would make the repe-
litidfi e€i frequeat and reiter^iud, llitt it would
became ab«urd*
Ait. Gen, Indeed 1 do not know wbat tdese
I would bate*
. Slower. We wouM ha?e ihisindict-
aJI otbers «i^, the precL-deitts are as
, and we hope i\m shall pui-sue them, or
i <|i]ashed.
L. C, J. Look ve here, m Bartholome^v
^ower ; suppose this part ftbould licit he right »
that will DOt viiiate the whole indictment.
^Mamputtm* Bui your lonbhtp will not
k to ^ife evidence of that part that
C. /. Vea. yea ; it eomes wUhiii tiic fi rst
( of the time aotJ place laid ; Ihey nay
fift evidence of it, because this is hiU a setting
fMtb for the maoDer agreed U{>on for the exe-
«BlMi of the deai|f 0 that wan before consulted
iai treated of; it is com preh ended in the
ftmtr ward»; and ii' they had omitted thia
ait «f the iiidictfuentf the indictaient had never
fceeo the worse; there had been a t>uffieicnt
onrt-act alleg^ to prore the eonapas<iiug and
iaa^iiito^ the death of the king^ ; for if people
at such a place and tiKie meet and propose
tie way and means how to effect it, do you
think the indietmest would not he goo<l enoutj^h
%tfbout lading the particular means a^reeti
upon f Certainly it hid been well enoug-I) if
ikia had l»een omitted. Do you think they
wmwA gire this in evidence as a proof of the
4nrt-act f Certainly they may.
^ JL Skofmer. The question will be, my
apou the whole. Whether the con-
I of the indictment * contra legiautrie suae
m,* shall be taken distribu lively ta
t f And if BO, then there ought to be
plac« alleged to every f»cl-
tSiip|K>se yoti lay several overt-
ada, and prove but one, yet he is lo l>e fonnd
fiilQf of the hi(^h- treason, which is the ima-
gfiloff ood compiissin^ the death of the kiog^,
Vik» ia the crime laid in the iudieiment ; theti
I thia waalelt out of :J^ndJctment, they
^♦e it in evidentie a.» a proof of the
Sf«ft-act, that it is well hid for time and
piaee ; and therefore though it be e^cprenKed,
aad uoC ao fully and [tarlicularlv l^id, we cuo-
DOt qoash the mdictmeM for it, Cjecau^ the in-
diattpest would b^ve been gfiod, though that
kadtweii omitted. *
L. C. J. iVe/jy* Tbnt is certainly true, it is
tocaase tor quufihiog the indictment.
SoLGtn. The indicimenU Jtirainst the Ue-
pfidimf were fi^r compaMitJX the deuth of the
taugt and they g^ve in evidence that he was
pyilodealht iboctgh ihey churged in the in-
vetaacoi, only the c^im passing and imagining
Ika death of the king.
* liiee East's Fleaii of the Crown, chap. ^»
^46, aad Layer's Case as there cited,
t tiaefol5, p. ^7.
A. 0. lEm. [JT8
Z, C* X Ay, sure, that is an orert act with
a witness, the tndicUnent was not laid for mor-
dering the king, but ior^mpaselhg bis death,
wliidh is the treaaon accordukg to the act of
partiameot of Sd £d^ d, and as an overt -act
they gare the cutting o0*his head in eridence.
Att. Gen* The indictnieni says, they eom-
pastied and trnxigined the king^s dealh« atid
they agreed to do it in this manner ; if thiji he
not ail one inlire seateitce, I know not wtiat is.
L. €. J. As to your case, Mr. Mompesson,
which you quote out of Dyer, it is posaible a
man way make an assault at one tune, and at
another time make an assault and give a str<ike ;
hut this is all one aet, it does hut specify what
was generally consulted of and proposed.
L. C, J. Treb^. Pray, do yon think a man
may demur a poo a eommon action of battery,
where it is said first, at such a time and p)ace,
* Insultum fecit, verberavit, et vulneravit,' be*
cause there is nut a place set to every word.
Mr. M&fnp€*wn. lodtetments ought to be
ret^ curiously penned, and what is good in an
action will not be good in an indictment, with
submission.
L. C. J. Trehy, But suppose you shewed
it for cause ujion special demur.
Mr. Jifompesstm. My lord, 1 cannot tell what
it would amount unto.
X. C. J. Vou <:annot quash the iodtctment
at this time ; that is not possible, because the
indictment is good as to the rL*st, snppo&bg this
was not so well as it might he-
Mr. Momptuon. Then, my lord, 1 am in
your lordship's judgment, whether they shall
be admitted to give evidence in this particular
thing?
Xr. C. J. They may certainly give in ewU
dence the agreement to have forty men to kill
llie king, as a proof of the consultation, agree*
ment, and couseot to kill the king ; and the
consenting to have forty horsemen is in evi-
ilenee of tneir treating, proposing, and consult-
ing to kill the king,* 1 ben for yourobjeclion
of * Uuilihet suaoeiiit* to be one; that is well
enough, it is all still hut one sentence.
Sir B. Shmver, One of which is it ? for they
have not laid in the indictment what in, whe-
tlier it be one of the four, or one ot ihc forty.
Z, C J. Whether it Imj one of the four, or
the forty, is not material ; for cannot one be
fduod giulty, and the rest ttC4|uiited ? The one
is not charged wi(h the act of the other, hut
they are several od'ences, ar^ each must an-
swer for himself. In all indictmem^, oflences
artj several. Suppose an indictment of con-
spiracy,and it i» laid in the indictment that four
did conspire ; csnuot you profe that two coo-
spired? no question you may. It is not cer*
tainly necessary that every one should be proved
lo hare conspired. Suppose it were alkged
that four did beat a man, and dues not say
* Unilihet eornm^ beat him, you may give in
evidence that one did beat liitii.
* See East's PleM of tlie Crown, c. % a, 57,
53. See» abo^ in tbjs CoHecslJon, Yot, 5^ ^. 911 .
§79] S WILLIAM HL
Sir B. Shower. No qaeitioD of thai in caso l
of a battery, but in the case of a conspiracj j
there must be more than one.
L C. J. Nay, I will ask you eren in an
action nf conspiracy, where the very gist of the
action is conspiring together, cannot two be
found guilty, and the rest acquitted ? In riots
there must be three or more. It may be you
wUI lay ten, but it is sufficient, I hope, if you
prove it upon anv three of them.
Att. Gen. The difference is betwixt con-
tracts and crimes ; for contracts they are joint,
but crimes thev are in their own nature several.
Sol. Gen, Besides, my lord, though they be
out of time, yet this is not to tlie abatement of
the indictment, but to the evidence ; how oo
they know but we will give it in evidence that
Christopher Knightley was one ?
L. C. J. Treby. Mr. Mompesson moves it as
a caveat against your ^ving it in evidence.
Sir B. Shower. If m an outlawry against
divers, they leave ont these words, * l4ec eorum
* aliquis comparuit,' that is every day held to
be nought, and for that reason we say, the
* Quili&t eorum suscepit' is necesmry too, and
without being laid cannot be given in evidence,
and if it be laid, it ought to have time and
place.
L. C. J. Treby. The default of appearance
must be a several thing, and when be lays it
jointly * non comparuerunt,' it may be true
that all did not appear, if any one made defaull ;
but when you charge men with a iact done,
though in the plural number, yet it is a distinct
separate charge upon every one.
CL ofAr, Robert Lowick, those men that
thou shalt hear called, and personally appear,
are to pass between our sovereign lord the kinj;
and you, upon trial of your life and death ; if
therefore you will challenge them, or any of
them, your time is to sneak to them us they
come to the book to he sworn, and before
they be sworn. — George Ford.
Lowick. I do not except a&rainst him.
C/. oJ'Ar, Hold the book to Mr. Ford.
Cryer. \jooV upon the prisumer. You kIiqII
well and truly try, and true deliverance make
between our sovereign lord the kint;, and the
prisoner at the bar, whom you shall have iu
charge, and a true verdict give according to
your evidence. 80 help you God.
CL ofAr. Thomas Trcuch. .
Lowick. I ha\e nothing to say against him.
(He was sworn.]
CLrfAr. John Wolfe.
Lowick. i do not except against him. [He
was sworn.]
CL ofAr. James Bodington.
Lowick. I challenge him.
CLofAr. John llaymoud.
Lowick. I say nothing against him. [He
was sworn.]
CL ofAr, George Haw cs.
Lowick. J do not except agaiust him. [He
w^ sworn.]
CL ofAr. Thomas Glover.
Lowick. I challenge him.
Trial of Robert Lowick^
[290
CI. ofAr. Blatthew Bateman.
Lowick. I do not except against him. [He
was sworn.]
CL ofAr. James Partherith.
Lowick. i challenge him.
CL of Ar. Joseph Blisset.
Lowick. I challenge him.
CL ofAr. Alexander Forth.
Lowick. I challenge him.
CLofAr. Francis Chapman.
Lowick. I challenge him.
CL ofAr. Nicholas Roberts.
Lojfick. I challenge him.
CL OfAr. Thomas Playsted.
Lowick. 1 ch&ilenge him.
. CLofAr. John Hall.
Lowick, I challenge him.
CL of Ar. W illiam Partridge.
Lowick. I challenge him.
CL of'Ar. Peter llevigne.
Lowick. 1 challenge him.
CL tfAr. Thomas Moody.
Lowick. I challenge him.
CL ofAr. Thomas Ramage.
Lowick. I do not except against bim. [He
was sworn.]
CLofAr. Edward Towneseod.
Lowick. 1 challenge him.
CL ofAr. William Gunson.
Lowick. 1 challenge him.
CL if Ar. John Wyliome. (He did not ap-
pear.)— William Strode.
Lowick, 1 challenge him.
CL ofAr, William Wild.
Ixtwick. f do not except against him. [Ue
was sworn.]
CLofAr. William Pitts.
Lowick. I do not except against him. [He
was suoru.]
CL if Ar, William Smith.
lA'u'ick. I do not except against him. [He
was sworn.] ^
CV. if Ar, Moses Cnok.
Ixrwick. I challenge him.
CL if Ar. Renjauiiu lioltby.
Ijowick. 1 do nolAXcept against him. [He
was sworn ]
CLifuir. Elias Ffctoher.
Loukk. I have notlif^g to say against bim.
[He w;js sworn.]
CLi^fAr. Cii<'r, countcz. George Ford.
Cryrr. One, ^cc.
CL ffAr. Elias liiettlier.
Crytr, Twelve j^'ood men and true, stand
tou;ellicr, aud hear y«Mirevi<lence.
L. C J. Now tlic rest of the jury that bav«-
j a})pL':ii*e(l are dischur;;;;eii.
I CLofAr. CruT, make proclamatiou.
I Crytr. Ovtz, If any one can inform my
lonls, the kiny's justices ot Over and Terminer,
the king's seinant, or ihe king's attorney-
geiu-ral, hefoir this inquest be taken, of the
hiiih Jioaou, 'hereof the prisoner at the bar
blamis in licte t, let thecn ccue forth, and they
shall b«^ iiea.il ; for now the prisoner stands at
the bar u|M)n his deliverance, and all others tint
are bound by recognizauce to give etidnce
fw High Treason.
m prisoner at the bar, let them come
I give their evidence, or else they for-
reco^izance.
mes of the tweWe sworo are these : —
Ford, Thomas Trench, John Wolfe,
rmoDd, Geo. Hawes, Matthew Bate-
lonas Rammage, William Wild, Wm.
n. South, BcDJaminBoItby, and Elias
Ar. Robert Lowick, hold up thy
hicb he did). You that are sworn,
Q the prisoner, and hearken to his
le stands indicted by the name of Ro-
ick, late of the parish of St Paul Co-
len, in the county of Middlesex, gen-
Ibr that he, together with Christopher
y, late of the same parish and county,
n; Ambrose Rookwood, late of tne
irish and county, gentleman; and
i^ranburne, late ot the same parish and
eoman, not harinff the fear of God in
rU nor weighing tne duty of their al-
but being moved and seduced by the
u of the devil, as false traitors against
; serene, most illustrious, most mild,
. excellent prince, our sovereign lord,
the Third, by the grace of Gpd, of
, Scotland, France and Ireland, king,
of the faith, &c. their supreme, true
tful, lawful, and undoubted lord, the
rve, and true and due obedienccr fide-
illegiance w hicb every subject of our
the king that now is, towards him
lord the king should and of right
bear, withdrawing, and utterly to ez-
, intentling and contriving, and with
strength, purposing, designing and
■^ the government of this kingdom of
I, under him our said lord the kmg that
oyr Tight, duly, happily, and very well
ed, altogether to subvert, change and
also the same our lord the king to death
1 destruction to put and brincf, and his
Nihjects, and the freemen of this king-
Bogland' into intolerable and most mi-
lls very to Lewis the French king to
te and' f'nthnil, the 10th da^ of Fe-
n the 7th year of the reign ot our said
a lonl the King that now is, and divers
ys and times, as well before as after, at
lb of St. Paul Covent-garden aforesaid,
xmnty aforesaid, falsely, maliciously,
k, and traitorously, did compass, ima-
I cootrive, parpose, design, intend, our
I the king tbat now is, to kill, slay, and
; and a miserable slaughter among the
subjects of our said lord the king,
lOirt this whole kio«;dom of England
! and cause ; and the same their most
impioat, and devilish treasons, and
m compassiogs, cuntnvances and pur-
iwtnid, to fulfil, perfect, and bring tu
(key the said Christopher Knightley,
liawick^ Ambrose Rookwood, ami
iCiaobame* and very many other false
It Ike jarOTsankiiown ; afterwasds, to
» aae lOdi daj of February, in the
A. D. 1696. [S8t
year abovesaid, at the parish aforesaid, in the
county aforesaid, and divers other days and
times! as well before as after, tliere and else*
where in the same county, falsely, maliciously,
advisedly, secretly, and traitorously, and with
force and arms, did meet together, propose,
treat, consult, consent, and agree, him our said
sovereign lord the king that now is, by lying
in wait and wild, to assassinate, kill aira mur-
der : and that execrable, horrid, and detestable
assassination and killing the sooner to execute
and perpetrate; afterwards, to wit, the same
day and year, and divers other days and times,
at the parish aforesaid, in. the county aforesaid,
traitorously did treat, propose, and consult, of
the ways, manner, and means, and the time
and place, where, uhen, how, and in what
manner, our said lord the king, so by lying in
wait, the more easily they miirht kill, and did
consent, as^ree, and assent, that forty horsemen,
or thereabouts ; of whom the saitl Christopher
Knightly, Roliert Lowick, Ambrofte Rook-
wood, and Charles Craiil»iirne, should be four ;
and every one of them traitorously took opon
himself to be one, with guns, muskets, and pis-
tols, loaden with gunpowder, and leaden bul-
lets, and with swords, rapiers, and other arms
armed, should lie in wait, and be in ambush,
the same our lord the king in his coach being,
when he should go abroad, to set u|M)n, and
that a certain auti competent number of those
men, so armed, should set upon the guards of
him our said lord the king then attending on
him, and being with him, and should tight with
them, and overcome thf m, m hilst others of the
same rnen so armed, him our said lord the king
to assassinate, kill, slay, and murder ; and they
the said Christoither Knightley, Robert Lo-
wick, Ambrose Rookwood, and' Charles Cran-
hurne, their treasons, and all their traitorous
intentions, desi^^ns, and contrivances aforesaid,
to execute, perpetrate, fulfil, and bring to ef-
fect, afterwards, to wit, the aforesaid ioth day
February, in the 7th year aforesaid, at the
parish aforesaid, in the county abi»vesaid, divert
norses, and very many arms, guns, pistols, ra-
piers, and swords, and other wea|)ons, ammu-
nition, and trarlike thint^s, and military instru-
ments, falsely, maliciously, secretly, and trai-
torously did obtain, buy, gather together, and
procure, ami did cause to be bought, obtained,
gathered together, and procured with that in-
tent them in and about the detestable, horrid,
and execrable assassination, killing, and murder
of our said lord the king that now is, att afore-
said, to use, employ, and bestow: and the
same premisses the more safely and certainly
to execute, do, and perpetrate, be the aforesaid
Christopher Knightley, with one Edward King,
late of high -treason, in contriving and con-
spiring the death of our said lonl the king
that now is, duly convicted and attainted, by
the consent and assent of divers of the traitors
and conspirators aforesaid, the. said lOfh dav
of February, in the 7th year abovesaid, trai-
torously did go, and come to the place pro-
posed, where such intended atsatsinatkini kill-
I
I
I
I
ins'i and murder of our bsuI lord ihe Icings, bjr
lyma: in wait^ sbouUl be done, pejpetnited and
committefi^ to t iew, &ee« and ooaefve ihe coq-
Yeoiency aad Blncfs« ai'ihe same place for Euch
lying in wait, assassination, and ktlling^, thcrt?
to be done, perpetrat^^ and conitniiteii ; and
tliat placet being m vieweU and oUnerfed, after-
ward b« to wit, the isatDc da^ and \ear, \m ob-
Starvations thereof tr> several of tiie »M traitors
and couKpiratont did relate and impart, to wit,
al ilie [»arish aforepaid, in the county afnre-
«aid ; and the aforesaid Charle« Cranburne the
came day and year there in order, tba isame
execrable, horrid, and detestable asaa&iiuatmn
fuitt kilKnf^ of our sairi lord tlie king-, by
the traitors and conspirators aforesaid, the
more readdy and hohWy to execute, perpetrat**,
a.nd conuDit, advistjdly, knowing^ly, and traitor-
ousJy did bear and cflny among divers of thuse
traitors and conspiratorci forwards and back-
wardi»| from some Co otbem of them, a list of
the naroeji of divers men of those who were de-
signed and appointed our said Inrd the king, so
ftft aforesaid, by lying in wait, to kill and
nunnrler> aptinst ihc duty of the allegiaiii'e nf
ihein the »aid ChiTstopber Koigbttey, Robert
Loi^ick, Anibruse [tuakwood, and Ci»nrles
CrAohurne ; and against the peace of our fiaid
uovcrcigu iord the kin^ thut now ts, bis crown
and Oignity« iis ii\m against the form of the
statute ill Hiicb case made and pruvided. Upon
this indict ineui hi; has been arraigned ^ and
tbereuiitij balli pleaded Not fiuilty, and for
Ilia triai lintb put bituself npc^n Gird and the
country I which country you are ; your charge
is to inqtiire, Mbeiher he be guilty ot the
high-trcn«on whereof he stands indicted, or not
guilt)' : if yon find him tcuiliVi you are to en-
quirt* what goo<la or chatty b, Undi4 or tene-
uientij, he had iit the time uf the high tvea^on i
committed, or at any time sinc^, to your know- '
ledjuft ifyou find iiint not guilty^ you are to I
enquire whether he fled li>r it ; '»f you fmd he |
fled for it, ^ou areta in if n ire of hi^ good<und
chatteb, as if yon bad lound him guilty : if yuu i
find him not guilty, and thai he did not Hy lor
it» yuu are to say ao, and no more: aud'hear
your evidciice.
Mr MoHtUoguc, May It please your lord*
ftbip, and yuu geut)ein«o of the jury ; this is
an indictment of h»;;b treason a^iunst Itofiert
IfOwick, jirisoner at the bar ; and ihe Indict- '
Dient does charge him with oompaf-^og and
imaghiiog ihetieulh of thf% king, and eodea-
vouruig to subvert the government, and iot>lave
this kingdom of EogUnd, ami brin^ it under
French lyriinny and ulavery j and toe Indict-
ment seia forth that Roliert .Lowiok, the pri-
soner at th« bar, tb« lt>ih of February, met
several f<tlae traitor>i| and tht*re consnlled and
treated how to assagai oate his Majesty i and
agreed, that forty horsemen do get together,
some to utt3i4 the fjfuards, while others were I
to a.ssassinute the king iu his coach ; anti the I
Indictment charges him likewise with getting
tog«;ther horses and amis for this pQrp4lc« ; to
tkia be bath plesuled Not Guilty. We wtU call
our evidence, and pruve the lact ^;i
and we do not doubt but you will db yc
Att. Gen, May it please ytiur lotdsliip, ]
you gentletnen that are sworn, this is a»
dictmeut of high treason, in
compassing tine death and deslruclioa ^
king ; the nature of our evidence m^k
prifioner at the bar is this.
Ymi will hear, gentlemen, by the wi(
that about Christmas last a cou^spiracy i
aiga was set oa foot to«9*ati&maie tb
aod accordingly to accomplish it, th€
several persons sent orer from Franc^l
late kiu^ Jauies, who were purt of hiii gua
and particularly sir George tiarcley w^a toi
thehe»d of them ; he was a lieutenant of
guarils ttierc, uod he was sent over in i|
Ust, and there were a great maoy tri
over, who were to be under hi^ directio
ticutarly Mr. linrriB, who will give you ^
count, that he was sent over by ortler of J
James, und he waK tntd particularly kin|^J~
had a sfrvice far him to do in England,|^
hoped it might be an opportunity to t
liHu. He was to observe tlie orders i
Gcwge U a re ley, and by wl*at lokeu be i
know hiai \ be was to meet him in
garden, and he was told he might find I
there Awict^ a- week in the square, akmt
o'clock^ alter it was dark; and th^a he roij
knnw him, he told him, he would hats
»hit^ huodkercbief hanging out of hi« p(
accordinj^ly Mr. Harris came over, and
Hare came with bmi, and they catne j
meet wjth sir George Barcley ; and ('
getber with sir George Barcley, and
others here in England, Mr. Porter, Mr.
nock, and sir VVilliam Perkins, did enter i
consultation how to etfect it : Thert- were t
ral meotn>k:*i about it, and you Mill find the j
soner at ihv bar was at several meetiiigsj
purpo«)e : ,'ind tbey thd undertake a'inoit&
to proviffe &o miiny men a* mi>>ht m:«ke!
ttie number of forty, which they thoui^nt sui
cient frirtlie execution of this dt^^ign.
Gentlemen, you wdl hear th»t the
at the b;ir did trent with several person
engaged in it ; particularly about the i
February! he Rent tc» one Bertram, 3
him if he would be engaged iti a de
king James *b service^ that woi quicklj^
executed, without asking of que^^ions |
terwardii, I (hi&k, he undertook be weil
about the Uth of February Ue
again, and tliat was the day bei«ire
lime they intended to attack the kiu|p^"
then being so near the Uoie when it w»
be executed, he thought it 'firoper t<i
qii«kint him with tite thiug be btid eogagtd 1
in ; and l>e ditl acquaint him, that the i
inort]ing tbey uere to be ready to attack (
king and bi^ guards, and bid him be sure ^
get bis bofits and other ihrnj^ ready for T
purpove, aikd ho gave him a guinea in <
it Bertram, it iieems, ou the 15th of Fe
did not cotue, and the king it seems did |
abroad that day, so t^j were disapp
L mcttr
lltf tioie ; btit the 8iiad«y afler Bettraiti met
tef an^ IBr. iiowtek eomplfttiied that he hud
or upen the Sblur^j accordinjgr as he
idertalceo ^ ^ttA he lifhl him it woiild have
anilte ihin^, he would Imve disap*
I lliem if the kint;^ had been in the field.
.... , y(»u shitll 6iid, that as he thus
Mr. Bertrani, so he was to (irovide
others ; and did declare, that at his
0m rharjre be liad jjoi two or three ; he com-
of it as a hmrdship put upon him, thai
l^tr. Harris had 6j. a- day sufatistence,
md »*» only to take care of himself, he, Mr.
iMPick, had at his own charges engaged and
ITPYulet) serenl.
Yoa viU fiod» gentlemen, that ^Ir, Rook*
wiiod^ who was tried yesterday, had seversl
Oicttrti^ about it with Mr. Lowick and Mr.
Iltrris ; tbev did think it to be a barbarous
tint ha w ever, they were reaolveil in
id the {trjsoner in particulsip snid
V orders, thouj^h he lb ought it a
wvwickefi tiling,
(SciHlemer}, yoii will 6nd by the evtdeDce
Wthe matter was earned on ; the prisoner
«ti 10 be engaged id it, and did not only em-
l«rk Kinu^lf in (lerson, but engagjed others, and
id trot with theiD about it. We 8hall cat!
fvr witiiessei, who will ^ve you a fiilJ accoimt
if il, aod then we shalt leave it wiih you,
vbv we question not will do jusliee. First
eyi GtfOfgis Harrfii* [Who appeared, and was
SfL wn. Pray will you g^ive an account to
ijlord siui the jury, whnt you know of the
iMiDiM aansMoalion, and what part the pd-
i^v At (ht^^ har had in it?
n Begin from the first, and tell
mr 1 J wlediye as y o u d i d y e^terday .
Hirrt^. On the t4th ol January, new itile,
I vwtfrdered to wait on ktngf Jatnea at din-
orrj alter dinner waa over, I was called io,
wfiere waa col. Parker and Mr. Hare at the
ttone lime, and king^ James totd tne be was
tCTj sensible of the g^od ser%nce 1 had done
I ; lod now he had an opportuoity fif doing-
hiog' for me : \ was to go into En gland,
'■ to be subsisted, and I was to tbtlnw
of sir f Jeorge liarrley ; the king
should find air George Barcley iii
^€ovait»gArden« with a wbite handkerchief
"* ' g- out of his pocket, on Moudays and
ay« between the hours of six and seven
evening-^ and that was the sif^n I was to
him by ; and he ordered me to jjo to Mr.
Uiat IB secretary to the late <iueen, and
j-ker went along with me, and he or-
rtealewidores, and Mr, Hare as much,
\ Mr. Caroll srave us ; and if that were
ifficient, or if we were wind -bound at
ii, we had orders to a^jply to the president
if Calais to im fumi&ht^d with what we wanted ;
Mordingly we went, and the wind not serv-
tttf wbrn we came to Calais, we were forced
lAitay there, and our charges were paid to our
IttMUady by the president of Calais, according
1l»tfaftoid«r we receired at St. Garmaios ; when
the wind Rerveil fair we went on hoard, and
oame to Rumney-marsh, to one Mr. Hunt'a
bouse, and Irom ihetice be tumished us with a
eoujdc of hones; and we Game the sandy way
to one Mr. Tucker*s« and from thence to Mr,
Cross's, and from thence to Gravesend^ atid
from thence to London t we came up in tbt
night- tide, and being late when we came is
town, Sunday night, we lay at an inn at the
lower end of Gracechurch-street ; the nejcl day
we went to look for sir George Barcley, but
not finding' him in Co vent-garden, according
to what king Jamea told us, I admired at it ;
but one Mr. Berkenhead meeting my comrade
ih? next day, said, sir George mrcley desired
to see us, and appointed ui to meet him, which
wc did that uight; where sir George Barcley
a^ked us how the king and queen, prince and
princess did ; he told us at that time he had no
money for us, but in a few days we should
have mone^; ^^^^ accordingly he sent uh
money. We bad five guineas, but it was at
twice r two guineas at one time, and three at
another, and this was for a month^s subsistence
at fire shillings a -day, guineas going tben at
thirty shillings. And afterwards when major
Holmes delivered «he horse, upon Saturday the
16th, we had another guinea, thai made up
what we had to be six shillings a<day when
we had horses, and five shillings a day when
we hud none: and as tor Mr. Lowick, the Qml
^ turd ay which was designed for the assassi-
nation, 1 happened to he at Mr. Counter*s
lodgtn^^s in Holbouru, a confectioner^s ; and
there 1 see Mr. Lowick come in.
IHr. Corny ert. Who l9dged there, pray^
Sir?
Harrin. Sir George Barcley and Mr. Coun-
ter had lo-ilgingfs there ^ and Mi*. Li>i« ick came
in there, but 1 cannot ny be staid there any
time, I lliink he went out presently at W wards,
The next week I met Mi . f .owick in Red-Uon-
fields, and discoursed with him there about
this matter, and 1 told him what a harbarotis
and inhuman thiuKf it was that we should be
the murderers of the prince of Orange, and
that it would render us odious to the world,
and that we should be a continual reproach to
oursehtfs ; he did agfree it was so: but in con*
elusion, Mr, Lowick said he would obey orders,
and he saiil sir Oe^irgc Barcleyi he was sure,
would not do it without ordci-s. That day
when we were walking out, we met sir Geoi^
Barcley aud major Holmcii riding in the high-
way up toivardii Islington ^ and we spoke Ut
him, f»r Mr. Lowick told me the thing was
dim^overed, and bis name was given up, and
other genllemen^s, and J think another; and
BO he tokl me that one Harrison told him i>f it,
and forewarned him that night from hiog lo
his lodging ', and he tdd him that he believed
it would uol be safe for tlit: rest tu lie in their
lodgings, CM- to tl^t <i:£^ect.
Aft. Gen, When he said be would obey
orders, what was the discourse about?
Harrii, We were talking of murdering the
prittce of Orange : and not only that, but I da
»73
8 WILLIAM m.
Trial qf Robert Lamei,
[888
belieTe that Mr. Lowid^ is so sensible that what
I say is true, and he is a raan of so mnch oon-
■cience and honour, that be will not ooAtradict
any thingr that I affirro or ha? e said here. On
Saturday the SSnd we dined at the Castle, a
tavern or a cook's shop, at the end of Red-lion
fltreet. I was much in a sweat, and he asked
me what made noe so ? I told hini 1 bad been
fttinff captain Rookwood's party ready ; and
told him (laughing) that captain Rookwood
said I should be bis aid du camp, and so I was
getting the nteu together : savs be to roe. You
may very well do it, for you have six sbilliDgs
a-day, and I have nothing. Mr. Lowick, you
know what I say to be true ; I know not why
yon lift up your hands ; but you did tell me 1
might very well do it, having six shillings a-
day, and you bad nothing, and yet brought a
couple of men at your own charge, and that
their horses could not be discharg^ unless you
went. Thes(^ were his words, my lord, or to
this effect.
Att. Gen. What do you mean by being dis-
diarged?
Harris, 1 mean this, that I believe lie paid
for them ; and they were waiting at a house
till he came.
Mr. Conyert. Why were they to be dis-
charged that day ?
Harrii. The reason why they were to be
discharged that day, was, because captain
Rookwoo«l had told biro before, that the prince
of Orange did not $ro out that day ; and tben^
fore we went together to walk towards Isling-
ton.
£. C. J. What day was that?
Harris, Tlie second Saturday that it was to
have been executed.- I was not a spy upon
any matins actions : J cannot tell what they did
any more than 1 tell you : I do not wrong
yjo'u any way in the world, Sir, I am sure
on it.
L. C. J. When was it that you spoke with
Mr. liowick about murdering the king ?
Harris, It was Monday, Tuesday, Wednes-
day, or Thursday, 1 cannot be exact to the
day, but it was one of these days, after the.
first Saturday ; 1 cannot be positive what the
day was.
L. C. J. Well, it was between i\\e> two
days ? — Harris. Yrs, it wa.s.
L. C, J. How did you know of that design
of murdering the kinjSf '.'
Harris. 1 was informed of it by captain
Hookwood the lirst Saturday, and I met Mr.
Lowick, and bad this discourse about it : and
afterwards they infiMined me that Mr. De la
Rue did not lie at his lodirinirs, and the thin;;:
was discovered, and they believed that Rue
had discovennl it : And 1 desire you will call
Mr. De la Rue as to this matter; for 1 believe
be will own it.
Sol. Gen. How came you to trust him with
such u discourse ?
Harris. Because we met there at Counter's
lodgings, and we had several times discourses
of it 'y there was miyor Bernard and capt.
3
Rookwood besides, and I always declared
against it as a barbarous and inhuman thing,
not to be answered before God or man, and
that we should be odious to all the world if the
tiling were eiiectiid, as I believed it would not
be. 1 would never shew my head af^ such a •
thing.
SoL Gen, Do you remember who began the
discourse of this matter ?
Harris. I cannot tell that. I cannot come
to eveiT particular.
Sir JB. Shower. You said just now, you appre-
hended Mr. Lowick to be a man of conscieoce
and honour ; pray what were his sentimeoti
about it ?
Harris. His sentiment was, that he would
obey sir George Barcley's orders ; and he wai
sure sir George Barcley would not do it wiUi-
out orders.
Sir B. Shower. Did not he declare it to be i
barbarous desigpa f
Harris. I cannot remember every particohr
thing that he said ; for I am not a spy upon
any man's actions.
Loaick. When you were talking of that de-
sign that you s|)eak of, pray, did I consent to
aoY such thing?
Harris. I tell you how far you consented ;
you said you would obey sir Creorge Barcley's
orders, and you was sure he would not du it
without orders.
Mr. Mompcsion. Diil you see any of sir
George Barclay's orders ?
Harris. No, 1 did not, I was to follow hii
orders ; but what orders he had 1 cannot tell.
Sol. Gen. What did sir George Barclay tell
you you were to do ?
Harris. Sir George Barclay declared, oa
the first Saturday, that we were his Janizaries,
and talked of attackimr and bringing awny the
garter: I cannot say this gentleman nas by
tlien ; and afterwards sir George Ban*]ay went
out and returned, and came in again intn
the room, and tieolarcd that we were nienut'
honour, and that we were to attack the prince
of Orange.
Mr. Alompeasoii, Did sir George Barcley
give the prisonii* at the bar any orders ?
j Harris. 1 do not tell you he did.
Mr. Mo?npcssy,n. You'say you met sir Georpe
\ Barcley and major Holmes upon the road
going to Islington : How do you know the
1 prisoner was there ?
Harris. Why, was not I with him ? I am
very sorry to conie upon tliis account ; bat
; you ki»ow it is trutli all that 1 saj' ; and L
. am sure you aie sensible 1 do you no wrong :
• He met sir George Barcley ajid major Holmes,
, and be went down and .said something to sir
, George Barcley iu the hiifbway, what it was I
j do not know ; hut 1 stood, aud captain Rook-
• wood and Mr. Bernard said something to him,
■ which you very well know.
I Att.'Gen. \Vhat was it ?
' Harris, 1 cannot tell, Sir.
I Att. Gen. We do not desire you to tell who!
I you canuot tell : Is this all you know ?
^
Jor High Treaiwi*
BmrrU^ It is ftit «! (irrsent th&t I lecoltect.
Sd, Gtn, TlicM pm^ sureur Mr. Bertram.
[Wliicb was done.
Mr. Confers, Piny will yoo (five an account
t»uiy turd and ihe jury what you koow of ibis
intrtiLic<t u^san^tDation, and bow tliV tbcf pri-
smiiT wjii» concerned in it«
hrrtram. ^\y lord, iibout the be^nnini; of
FcLrnmry liLsl, mujor Lowjckeaiiie to tue, and
AikiMj mt* if I Wiiutd c?3sp<Hii.ti a tbin^ with huu
ikit inr^fhi Ix: tor tny advantage; I iold hirn
thti 1 thoui^Kl J mig^ht espouse any ihiiig that
lM}llioiit:^hi fil loengMife in.
Mr Mompessan. Wiiom did yfvu tell so P
E^itam, Major I jo wick: and he tolij me
k iffS£ welL and desired ine lo ask nci inure
; 1 did not ; btii it hl^ik tm to the I4th
aary» niiiu he desired luc to Iw at tin
At IS o'clock. 1 wus so iib'iut tbtit
Ke was »ol within* and I ^ta\ ed till
lit, and he took nw up into his chum-
told me he 6thv'v#'d tliey should ride
•ottie hi lie time ; and he told me lie he-
the k*n;^ w*uj to b*? seized in his coach «
g-ave we a jt^uiiiea to buy me necessaries*
X. C. J. W hat nef.-esaanes ?
Bertram. I cannot say he named any*
JH. (Jen. But for what purpose were those
liecesaaries ?
Bertram, I do not know tliat he named any
tiuo^f milr^cd.
Ati. Oen. Well ; did he letl you when yoti
mtrt to be ready ?
Bertram. It you please to give me leave, I
will tell you : lie de«ired me not to be out of
tke way ; and the next mornint,' 1 was to meet
ktm at ilie purl house iu Hart street. 1 did
Ml meet biui ; ami the next time J saw him,
1 am not positive whether it was the ne\t day
the fiflc^entli when 1 was to meet hint iit
reet, but did not 8o ; but the next time
bim, be asked me why 1 did not meet
cordtii;^ to Ins appointment ^ 1 told him,
some reason fibril; aiid he noNwered iiie
p^Q^ that be iMitieved^ it' tlie king had been
n tbe field, I would have done the same ; but
1 have not aeen biin^ sinee, till 1 saw him at
tiiebar.
O^'ii. Had you no discourse of horses
were to pr>vide ?
Ttram. 1 do not remember any particular
thiik^ more than 1 have toUi you.
< Au. Gen. Did be not tell you what the de*
-1^ wa^ you were to go about ?
Bertram, lie did not tell me of any other
^angolhan as ! tell you, tor he believed I knew
•fit; I thought so at least: The tirsi time I
loew of ii wttN fmni IVlr. Cliaruock,
C, X What did he tell you ivas the de*
at you iiliould engage lu for your advau-
Upon Friday the 14th, wheu he guve yoii
({uioea f
&riritm. He told me, he believed they
ilMHild nde out very suddenly, and that the
■^ WM to be seiseed in bis coach.
L, C. J, Hid he tell you ivben the kiuj; wa«
»ob< seized?
VOL, XiiL
A. D. 1696.
[S
the I
k vo]
Bertram. No, be did not tell me >vheti } but
this was the 14th, the next tuOrnin^ 1 waa to
inef't him at Hart- street, but did iiot.
Sot. Gtn, Who did he tetl you^tht; Wmg wnt
to be steiz^d by !
- Bertram. Uc did not nominate atiy otic else, ,
for he t^bli^ed me not to ask him questions, nor
1 did oot.
Sol. Gen. Did be nami himBelf to be con-
cern ei I ?
Bertram. He named himself so far as thai
he believe*! he should ride out very suddenly.
S^L Gett. Was it tlie tiitxi iDOi-Ditig, w the
next day P
BertratN, I caDQOt say that he Ditmed anj^
I i^uriicularlime.
i All. Gen, Will they ask him &ny (jiies-
lioiis?
Sir U. Shower. No, I think we shall not.
Mr, MiiUHtaguc. Pray, >Ir. Bertram, will
you answer me one quoHtion, UMiat did he sav
to you when be checked you lor not comin^f
aecordinvf to his appointu;ent?
h*rtram. I took it as a kind of a check : he
told ine, that if thp kmg had been in the fields
be believed I would have done ihe same.
SSir B. Shower. There is one thing we must
a little ejcamine this gpnileii>ait to : were tvot
you under a necessity before that tiu»e tliut he
g;ave you the gfuinea ? Pray wljat conditiou
were you in ?
Bertram, Under necessity. Sir I I was never
very plentiful of moirey of laie.
Sir B. S/ttmer. Did he never give you m
guinea or two l^efore iu charity, and out of
I Lomim-ssion to your necessities?
Bertram. lie has i^veu tfle money several
I times befere : and I believe if I uottld haie
I asked bijn for any money ^ he would have
I giveu it me,
Jtt. Gen. IV as this money given you for
charily, or for any other, and vv hat pur[H>se f
I Bertrar/h 1 did nut ask liim for uay thing ;
but he gnve it me, uud said, tiierc is a y:uitiea ta
buy yon ueces«iiries.
I Att. Gen. What was the discourse before
] that ?
I Bertram. I told you, he said, he believ«d
they were to riile out f ery sjiiddeuiy, and he
believed ihe kioi;^ wtim to be seized in hiscoach^
> and he tlesired me not to He out of the way*
I Mr. Coil per. And A%hen h« gave you the
' guinea to buy yt^u necessaries, was it Jiumo-
I diaiely after ihh dis^coui'Se /
I Bertram. Sir, it was at the same time.
! iMuick. Did not I give your wife a guioeft
two months helor^ this?
Bert rum. Ves, fciir; 1 acknowledge I was
iutunned you did, 1 was not ni town theo,
Lou.'ick\ Vmy let the court koow that.
L. C X Did be tell you the king was to b«
seized in his coach, beibre he told you they
were to ride out very suddenly ?
Bertruta. No, afterwards; and then he gave
me the guinea,
Sir B:6hoaer. His words are not coupled
together, thf) h&\« v}^ t^\ij)\^ Vi ^\^^juqN^t%
U
I
I
I
I
29 1 J S WILLIAM lU.
X. C. X K© ; but he lold biiti tliey wer« to
ridc! out very ?iiiclileulyi anil Ihe king was to be
seized in his coach, and gpafe him a guinea to
buy him neeessaries nt the same litue.
1j. C. J. Trebj/. There is no doubt he w«s
engHged in ihe design v^ilb ihi>»e other pei^onu.
Mi% C^nyers Aod altenvartb h<? itbuked
him because ht- had not met htin ; nud he^nid,
it vt ould have been the same thing \i ihe kiiig^
bad liecii in the iiehL
Mr. Mount ague. What day in the week
was it that you faited him ?
Bertram, It w^a on a Saturday.
Juryman. Pray, my hird, we desire to
know, \vho he did utide'rsttind by the kin^ that
was to he seized, i
L, C. /. What did he call ibi* kin^ ?
Bertram, He said uothini^ Uui the king.
/.. C.J. Wbi did you understand by that ?
Bertram. I leave it to the court, I urn not to
interpret ifiini^s.
L. C. J. Trtby, Did he name the jirince of
Orange, or kiniJantes? Did you think ktn|i^
Jnmes was to \w. sclzeil F
Bertram, My lord, 1 tell yon w\\9X be said»
1 am not to interpret his words <
Att. Gen, Do yoa believe be meant kiu^
Jamefi, or thii kin^, that wa^ to he seized P
Bertratn, 1 believe it mi^t be the kittg^
bere,
i. C. /. Take the words as tboy tre; be
ftfked him hetbre, Whether be would enijage
in ade>ipiihHt niifjbt be fW his advantn^je?
On Friday the 1 itb of February he metis him
at bifi lodging, and tells bmi, be was to ride nut
suddenly, and that tbe king^ was to be feizid m
bis coach* and «ppftinted him to meet bini the
next morning, and gAve him a guinea to buy
him necessaries.
Mr. Mowpetjion, Viiiy\ \iii% not Mr. Lowick
given you clothes, linen and other things at any
other time f
Bertram. 8ir, you hare been always ready
to serve me, I must acknowledge, and you
have been very kiud to me*
Lmkk. i\ you please to jsrive an account of
my character^ whether ever 1 was guilty of any
bloody thing ?^-- Bertram. No, Sir*
Hir B* Shou'er, How long have yon known
Mr. Lowick f
Bertram. I believe 1 have kn«wn him tbj«
SO years.
&T B. Shjimfr. Wbat behaviour has be been
of?
Bertram, He has always had very good be-
haviuur, and the best; he bas had tbe best
character id' all maokind.
fi'ir B. Sh&rrer, Did yon ever know him in -
cliood to do a rash action ?
Bertram, Never in my lift.
Sir B. Shtmer, Did yon ever kni»w him do a
m&ficiouB action ?
Bertram. No; but be had alwaya the eba*
raeter of a frood man, and was ali*nys rpady to
StTve Rny man in his neerssitres, and to do
^pood ; he has that general character abrond.
X, V, J. Where do*»s be live f
Trial of Robert Londclt^
[29f
Bertram, He lived last at Brownlow-street,
but be bas no wife nor family, and so baa di»
fixed being,
L, C J, What was bis way of living?
Bertram. He was bi^ a soldier, and bft^
been abroad.
L C. J. Where?— ^frtroJM. In Ireland.
L, C.J. In wbo«e service ?
Brrtram, In the service of king James.
Limick, He knows particularly, that oore I
was n|xvn a party* and savwl tive officers from
being killed in cold blood.
L. C. J, W bat countryman is be? i
Bertram. Yorkshire.
Mr. Motnpeixon. Wat be aecounied of m
cruel or a bloody nature ?
Bertram. No; of n quite contrary.
Jurtfttmn, 2^1 y lovil ; I de«ire to know for
wlmi cause be gave hiui or his wife a gnineft.
Bertram, I know not what that guinea wa0
for that be gave me ihe 14tb ot February^ any
oihervuse than as I have told you.
Mr. MumpeHon. What wus the guinea gt'
to your wite for ?
Bertram. For tlial guinea given in my wife,
it was out of hiii own kindness and goodness u^
my raiiiily and me.
'Ait. it en. What wii« the other guinea fbrf
You are u|ion your oatb,
Bertram, Indeetl, 8ir, I cannot tcU ; be
it me to buy me uecettaarit-s.
yttt. Gen, Was there uotbing ebe
tioneil, what nece&iiaries those were to bo!
Balram, No, Sir ; upon my oath there
not any particuUr memioned*
Att. Oen, What made bim so kind to yi
pray ?
tier t mm. We were both born in a tovrn,
I believe we are near relatetl.
Sir B. Shimrr^ You say yott are
ppo|i1ef nnd have l>een long acquainted,
knew him in irelatid; prav, did yott
know thai he saved any oeople's lives ?
Bcriram. I was not in thut activn myscU
hot ntl that weir in it gave that relation^ tliat *
was very fav on ruble, and dtd wive |^ople'
lives, parlicTiilarly one ca|ituin Hartow,
brouij^bt liiui and other prinooers, and I
member the thing : it was about a fortnigl
before the buiines** of the Boyne, upon
day morning, that they tnok those prisonfn^
and be did persuade sevenil ftarties tb:)t I
commanded, to decline kiklin'4 as inucb i
they couhl : J was not in this actimi, but this
heard ol all that were in it, and from tbe pri«
aoner.
^>/, Gen. When be gave you that guii
did not be speak any thing ot a hofse that wi
to be provided for you ?
Bertram. Not a word ; i never did see
horse upon that account, nor was I master
a horse, nor w&s \ luld I should hare a burse
any respect wliotsoever,
Jttriffltan. How could you ri«le out, a?
say they were to do, without a hoi^e, or will
ont kdoWiut^ any tbing of a borec to be pro*
vidcd for you ?
*
1
Bertrmn. I dW not know of a bursf.
L. C X Bnt be said you were lo ride out
Bertram, No : he saidiQ geoem), we should
lide out suddenly.
^If. (xtfti, VVtio was til ere besides yourself?
Btriram, Nobody*
Aii, Gen. Tbcn that ' we' must mean you and
litm. And how were you to riile out \i ithoul
« borse f Fray inind whol you swear.
Bertram, I wm lo meet biiii the uejsft moro-
iBg, but did not.
Mi* Gin. Pr»y, wbat could you iiiider»tand
tribal, that vou were to ride out suddenly,
iiid bad no horse ?
Bertram* Thai was understood, Lbat if I (lid
ndie out, 1 must hate a horse.
Mi* Gen. Who should you have it from ?
Had you a horse of your own ?
Bertram, No, I bad not.
Mi* Oen, Did yoo iutend to hire a faorae ?
Betiram, No, I did not.
4il. Gen, Did not you ask where you were
Ulnrtii horse?
BtHmm^ No, I did not ask nor Inquire, nor
iliit|irOiiiif>edme I khoutd have a horse.
Sit Gen* Did be lell you where you were
Iftridef
Biriritm, The next morning' I was to meet
Mt. Gen, For what ? To ride out was it ?
Berlram, 1 cannot rt-ally tell whether it was
iipiQ that account or not.
Att^Gen. Whether did he tell you where
W waa to ride f — Btrtram. Indeed, he did not,
Jmryman. It is very straoj^e thiit you <Md
iOtiik him where be was to ^, nor ask him
for % borse.
Btrtram. I was so senseless, thiit I neither
lid tak him about a horse, nor ever knew of
■ntbai was to be provided for nie.
Jarymfifi, Did you understand what was
Ooikt by the riding out suildenl^ ?
Bertram. I did take it tu be about the husi-
MK, the seiziDg of the kin^.
Juryfftonr Did he compare it to attacking
him ia the tieUJ ?
Bertram. No, he did ,not ; hut he said^ he
Wliered the king would be ficized in his coach ;
be made no C4»mparii3ons.
Mr, Mttunttigue. Pray, Mr. Bertram, why
did you not meet hiiu ? What reasons had you
for Dot doiu^ it T
Bertram. I thouglit it not reriuisite to meet
lufln.
Ilr. Mountague, What ! had you do mind
t0 tbe thiugf
Bertram* No, I had not ; because t thouglit
the t bio jf very unlawful.
Att. Geti. Pray what was that thing" you
Ipeakof, tbatjouthouurht wasunluMfylf
Bertram. I thought it was about seizing and
Hlliotf the king.
L. C. /. I'ray, mind ; there is nohody de-
Brca you shimfd Kjicak more than the trulh;
W on the other side, being upon your oath,
joa ire to speak the whole truth ] for if you
t
conceal any partof the truth, though you have
A kind ti ess U r y ciu r co u nt ry man , Mr. Lu ^\ i ck,
who has beeu kind to you, you will forswear
yourself, tor you ntakc adilferentveprf^*iitattafi
of the uiaticr, and make it appear t^uite other-
wise then it is ; pray do not strain one tittle,
hut let us have all the truth.
Bertram. 1 do nut hrlieve I strain one bit.
Mr. Moufiiuguc. TheuteUmy liird why yoQ
did not meet hiai ?
Btrtram, I did believe It was about sei^in^
and kilhng the king, and I did think it to be
illeu'al.
Mr. Mountague. Why did you think it was
ahout that ?
ihrirum. Because Mr, Charnock had told
me of it before.
Att. Gen. How did you know that was
what Lowick suiike to yoit about ?
Bertram. 1 did suppuse it to he the same,
because he desired me at first to ask no ques-
tions, no more did 1 ; but I look it always to
be the same thin^.
AtL Gen. What did he say to yoo ?
Bertram. He told me he had a business to
propose to me, if I would cu^ag^e in, that
would l»e for my "advania^e, but I iiivist ask no
oua'^tious ; talked of riding out suddenly, and
that the king was to he seized in his coach:
and having heard of ii from Charnock, J
thought it was the same husiot^s^.
Att. Gen. Then, my lord, we have one wit-
ness more. Call capl. PiKher. [He did not
ap(»ear.] If he does not appear, we shall lei
them go on J and ivheu he comes m, we cau
ex ami lie him afterwards,
L. C.J* Is he a lu uteri ul wiliiess ?
Sat. Gen. We do apprehend he is a very
material witness.
L* C* J. If you thiuk hi in a material wit*
tiess, it will not be propter for iheui to enter
ujmn their dett'nce, till they have h«iird th«
whole aecu^tion.
The Court staid for Mr. FisherS coming for
near an hour, and at last he came in and was
sworn.
L. C. J. Who is Ibis ?
Alt. Gen* This is ooecaptnln Fisher.
SoL Gen* Pray» catilam Pi*^]itrr, do you
know Mr. Lowick, tlie inisoncr ut the bar?
Fiihcr. 1 have not lalkt^d vviJj Mr. Lowick
since the 8th of Februuty, and then he talked
that he would be rearly to :3crve his master to
the uttermost of his power.
Ait. Gat. What master.^
FUher. King James.
Att. Gen. VVhai particular aerfice? ^
Fuller. Henameu uo particular service, bat
ouly that he would be ready lo serve hts mas-
ter to the uttermost of his puwcr.
Att. Gen. Where vvas this T
Fiihcr, At the Cock in Bow street.
Att. Gen. Who wasiu company f
Fisher. There was Mr. Harrison,
Att* Gen. Fray, give au account of what
you kaow Qf ituf barbaroui, bloody d«si|^a*
I
295J S WILLIAM IIL
F'uher, I h^Iifirc ibere waa a design to seize
the prince of Orange.
Au. Gen, Wlial do you know of tt? You
•ay you Iw^lieve it,
FUher, I believe it by my kiiowte<lge, be-
cause I w«s concerned in it.
At(. Gen. By wboin was lb at design ear^
rjtid on ?
Fiihcr. By sir George Barcley and Mr.
Harrison.
L. C. J. T\'bat ^a5 \\ie desig-n ?
Fisher. We were to tall iijioo the prince of
Orange,
L. C, J. Von called liim so, lUe prince of
Oraiige? — Fisher. Yes, my lord,
Att. Gen. Well^ u*!l us whni bappened.
Fhher. Jt WHS to have l>€en dono the irith
of Febnmrv, and we mei accord ing:ly the
14th, but tlie king nut g^ing abroad, it was
pwt off.
Z. C. X IVho met on the 14th ?
Fiihrr. I met only .Mr, Harrison and sir
George Barcley, then it was put oft' till the
i2nd; iiiH>ii ihe Slvl, we met at tbe Thrfu-
TitiiB in nolboro, and from tbencewe came to
the SSim-tiifern m iho Stmoil, and tbcre was
nnlnidy but Mr. Hurrison and 1 tojjelher, and
sir George Bnrcley c«me to us; I believe tbere
were about 14 or 16 in the house ; there sir
George Barcley tobl me, iVlr. Lowick was to
meet me and two more at an inn by St. GiUs't
Poimd, and that we were to go together to
fieize tlie prince <d' Orange tbe 92ud.
L, C. J, Did }'on meet bim ?
FUher. I did not meet him, it beings put off
by tbe king's not ^oing abroad.
L, C. J, This does not afl'ect Mr. Lowick
at alL
Att. Gm. It does not, we acknoxrledfre ♦
but at that time which you apeak ol, the 8lh of
February, had you any knowlcdg'e uf the as-
sassi nation ?
Fisher, There waf» no nssassination at that
time, at least, it was not then declared.
Att, Gen* What was your discourse about
then?
FUher. There was notice of the king's pre-
parinj; to come for England.
Ati. Gen. You sny Mr. Harrisons a» Ibere?
Fixher. Yes, and talk t'd verv little ab^ut the
matter, but ordy that there uVre preparations
for the kinjjfV cominjr,
Att. Gen. What did Lowick say to you ?
Fi%her. 1 have told you all tliat Mr. Lowick
said tome.
Att* Gen. Rejteatit af^in.
Fhher. He aaid he would he ready to scrye
bis master to Uie uttermost of his p«^ver.
Mr- Cowper. Had you no discourse about an
act of parliament ?
Fiiifi^. Mr. Lowick said it waj3 not conve-
uient to talk wilb mnre than one at any time, tor
there wrt« an act of jmrliament on ibui, lliat
under two wtliie$s(^8 nolliing should atfect a
Oiau's lite in treason.
Att. Gen. The act of pailiament was then
a- makings
Trial of Robert lAmck^
t«
X. C. X When Mr. Lowick sairl he woul
Berre hia master, what discourse had y
about it ?
Fiiher. Mr. Lowick said uot a word wifhtii
bul at the door he aaid be would ser?e hts
ter to liis power.
Att. Gen. What was that they would tw
talk with above one at a timef
Fisher. N othin^ that was Uinught treasonaU
practices sboubl bt^ discomsed before abo?e 01
at a lime ; f-o I understood Jt
Sol. Gen. Tbcn^ my lord, we hare done.
8ir B. Sh<fU€r. May it please ^ our lord«bi|,
avvft you gentlemen of the jury ; 1 am oCcoutt
sel ill itiiM case lor tbe jiriJioner at the bar, arii
we do hope here is not evidence sutftrifiit tl
conwict him i>f hi|;h treason ; the <pie>tian
not, Whether there wa** a plot or a conspiracy
to assa^inate (tie kinj^, or to prepnre for sn
va^ioii ; but all that ^ou are to consider, (m
tlemcn, is^ whether the evidence aj^^iiiist Ml
Lowick be suOieieut U* convince you^ that
did desifjn tu seize and nsHjissinale the king
ibere are three wiinesjies proituced j but
think til is la»t witness, Fibber, his testimoa|
does not hurt him in the b ast. We know yot
b»rdship will deelare and direct the jnry» thi
the evidenc e in a case of treason ou^ht t» I
pl;iio, not only willi resfnE^'t lo ibe fact, that
was d<»ni*, but also of »ucb fact* as are the e»
dences of a mun^s intentiunK ; and those ai
not to be const iiied by strainsj and tn1endiiM>0l
or implications, unless they be such aa ffi
dently, naturally, and to common undemlaiid
\n*;^ express tbe intention, it cannot he gol
evidence in tieanon : now we say, that mptal
Fiabf'r has said nothing at all that will afl^
tbe prisoner; for all ihat he tn\ys is that tf
8th of Febniarv be said he was ready to ser
his maxter to ibe utmost of his }>ower, and aiV
words as well as these may be om si rued I
mnke a mati g^uilly of treasonable mtentionl
fi>r it miebi be a recollection of favours recei'
ed, or it uiltf ht lie a (rrateful intent to seive ht
upon particular occasions ; but that is no el
dence \\{yon this indictment. Suppose it wai
serve bim upon the su|>posed intended inrasioi
yet, Hitb Rubmis^irtn, that is not evidence
tbe overt-act laid here; here is no overt-i
mentioned of preymrinii arms, or encouragii
niein or seducinpf tbe king's subjects, in ord4
to the Utter restoriugf of the late king^ J
or tbe expected iandinsf of Llie French, or t|
litve. AH that is laid to tbe prisoner's ch:
IK, the compassing the kiny^^s death, and a d
sign to assassinate him in bis coach ; and
order to the assassination, be was to buy an
and bok^es : now all that he says is quite
another nature, of a ouite different strain, ai
has no tendency in this mutter; and nolhii
be says Itiat Lowick should say» btit m app
cable the other wa\, and lends more natural^
to the iniasion, Ihan to tbe assa^isiniitiirii. Yoi
lonl^bip olMierveR, there was some noltce takf
of what Mr. Lowitk should say, concernin
tbe art of parliament, that be v>onld not Cal
with above one at a itnie : how far, wheD If
2)TJ
Joy High Treasm*
h eoooernetl, such loo^e discnurse ought lo be
infofced before a jury, I must leave to your
for<Uhip; thou^^h n man miiy he iunocent^ yet
lie iiia\ be cautiooi^ and the more innocent,
p«Hisp» (lie more cautious; but that ia nppli-
cMe to the invasion too, and has no rHalion to
tH« treuoD in this indict ment mi>re thitu any
flilief* It sliewfi he %vhs more wnry than f^ther^
wifre, but it is not appljeatile to I he fact that he
mw <taaJ$ char^ecl vvilh. Thi-n the whole of
the evitience dependB ujjon the testimony nf
Mr. Hai-ris ftnd Mr, Bertram; and wetliink
ihey aje not two wttnesse* to one thm;»', and
wbjit they lay must be strained, and intended,
lad pxetiimed, to make evidence ot^ treason ;
fbr firbat Mr. Harris ^ays about the dtseourses
Wtiviecn bjm and the bte kin^ James, about
meiniig^ ordern from b\v George Bareley, and
_ t over trum France, and the several
Tand Mr. Hare travelled, aud the dis-
t between «ir George Barcley and Iiita :
' yovtordship will acquaint the jury, that is no
fTidmce to aflect Mr. Lowick, nor \s hat Ber-
Imbead and Hare aifre*?d upi>n dwe>t any way
I l4eci Mr. Lowick ; for those thinjrs may he nil
, and yet Mr. Lowick innocent of wlmt he
audi charged with in t1u!$ indictment ; he
riayi. That upon the first Saturday be law Mr.
}^wick at llie confectioner's, hut lie cannot
•ty be staid thereat all; there wa?$ not a word
ipoJlvn by Mr. Lowick that he remembers then ^
, vnt whitt he ^ys that !«eems to touch, and the
I Boly ibmiT that touches Mr, Lowick in all (his
ce is* thai ofvon Monday, Tuesday * WttU
' or Tlnu'silay, it is a pretty brge lime,
eft the 1 3th and the 22iid, he wam talking-
I Mr. Lowick about the barhnrity of this
and that L^nvick aAer all said be
\ «ou)d obey orders : now with wuhmission, my
Wd, lo make that to have retation lo the as-
■WtiatioD must be by a forced » strained intend-
JMoi; he doea noi declare what the orders
J ; nay, be does not affirm there were any
ri for the aasaasuinlioni but only that he
[ woald obey orders ; here is no order by writ-
I bf, no order by parole that i^Ir, Lowick c!e-
dared he would obey. As to what Lowick de-
cUred about hi!» intention of ridiof^ out and
' the kini; in his concht that cannot he
; llie order lliai he was to obey tu as-
! the kingf, ihnt order dr^es \wt apjiear;
there are no footsteps of it in all the cv itlence ; wj
lli»t there i* nothinj; in testimony that wdl hurt
Mr. Ix>M'ick; then upon (be *Hu*\, when they
niiifd toj^elher, Mr. Harm says, ihai there was
*" -se of two men ; but it docK not appear,
the witness give any ac^^onnt vvhat
» two met! were to be f*»r : it is true, two
men he was to ^ct clinchar^rod ; hot that h not
^ ttidence that tlieie men were lo make a part
of thoie forty ; neither the words before nor
(Wcirds ufter ran have that conf>iruc<ion ;
.it does not uppear it ua« for any pnrpo!?e
now in the case of life, whi^re a man
ndi at the Uir, we hoj>e f^uch an evidence
dl not be consti'ued to make a |>root* of a
[imioiiable intetition, that thc^ vere to as-
D- 1696.
sassinate the kinjr, or to make part of the forty
that were to do it ; m hen it does not ap}>ear they
were Ibere, nor who they were, nor any %ovt of
notice taken or g^iven upon what account they
were pnivided. And then as to Mr. Liertram^g
evidence, it is palpable that bi*i evidence, and
whatsoever he says, cannot amount to make one
witness to prove an overt-act within this staiutei
and that there must be two witnes^ses Jhe law
ret} ui res. What d<jes Mr. Bertram say, to
prove any man gruilty of treason, but only by
intend me lit, tlioucrht or suspir kin ? it is true,
Mr. Bertram^s evidence would be^'Hwf enoug-h
to commit a man upon sii*;picion of treason, hut
to convict him it eannoi be. He sayK, that in
the beifinningf of February he spoke to him,
and told him he would employ biin in a busi-
ness that would lie for hi^ a«lvunta*^e, but he
must ask no (questions: Tlifs is very dark, for
the meaning^ of it does not appear what was in-
tended by it ; it mij,4it be one thing as well as
another; it might be to employ him in his
Gimily, or it mi^ht be to send bini of a journey,
or it nn'sfbt be the taking of a farm ; but lo ap-
ply that as an evidence of a charge of high
treason, that we think is very hard, and we
hope your lordsbtp wdl think so loo : but then
he coines and tells vou further of a discours*
upon the 14th, of bis ridinjj out suddetdy, and
thai the king was to be seized in his coadi ; but
he does notsay that he was to seize him, nor ttiat
he would be concerned in it, nor that be knew
of it, nor diit declare at what time it was lo \m
done, nor any thing' certain whet her it was a
prophecy, or a dream, or a story that he re-
lated a^Vin, or what it was ; there is no con-
nection between the riding- out suddenly ^ and
the otiiej- words of seizing" the king" m his
coach : Then be ways be gave him a jjuinea to
buy him necessaries ; the man acknoi% ledges
^Ir. Lowick several time^ had j^iven him in
charity, money, cloaths, and other thinijs, and
gave his wife a guinea, as you idwwrvp, in cha-
rity ; but he gave him this n^uioea on purpose
to buy him necessaries; and it is hard thai a
man^s charity to a country luao, to a townsman,
lo an ancient ac<juaintance of twenty years
standingf, lo a persfin that be bad been familiar
with formerly, and known to have lived well,
should he misinterpreted aufl strained, to make
it a jfiving: him money as subsistence, and are-
' ward ftir the doin|rf such a mtschievous bloody
I act : we say, his chsrriLy to ihiji man formerly
I is tnconsisient with the supposition (hat he
could be privy to such a baHj^irous desig^n now ;
and we hope the jury will consider the charac-
ter ihat that very man has ^ivrn to my client ;
fur Uie same xviinpss gi'res you an account of
\m l^eliaviotir aU al ^n^i^ lhat be was not given
10 raKh atnl barhju-ous actions, nor guihy i>f any
malicious ihinjr ; nay, that he prevcntpd mis-
chi^i', and the kdliug of people in cohl bh»od.
We must leave it to the jtiry's coosid era lion,
and your lordship*s direction* All these I h inert
thai they say may be hue, and Lowick be not
jjndty ;"ftnd the acquitting of Mr, L'mick will
be no rcflecttoa upon the wiinvsteti nor any
I
I
I
299J S \V1LLIAM ITL
iliscreilit lo thi^ te?itmnniy that has l>efeti ^wen
of this coi]8}Mrac^ ; but we hope it is iioing^
justice to this iiiuu, the VFitne&ses not €ouuii|f
up to the proiirui* what is laid in th« imtictment*
We niusl bc^ vour lonkhipN paiietire ;i lillle
long^er, and call sinnv Witnesses tu ^ivf you an
sccou[ithowlon<^ ihey have knovvu Me, Ltiwick,
and what lu^ real character i& ; they uill U'll
you he Ls a peaceable^ gomi niiiii, and shevi' you
that his temper and iiicltnatiim wua rather to u
sober, i|niet lite, than lu lead him to sorb ac-
tion, aud titat tbey cannot thjnk him likely to
be tempted to be concerned in such a desii^n ;
and th«u we mtxst leave it to the jury. Call
Airs. Yorke.
Lowtck. I beheve I hero is noWdy here that
knows me, but uill i^ive tne that chiiractetv
[Mrs. Yorke cacne in, and was sworn.]
Sir B, Shower, Pray, Mrs. Yorke, how long
bave you knnwn Mr. L'nvick ?
Yorke. About a d'tzen or Iburteen years,
t^r B. 8/tower. What aort of du^poaitioo is
he of?
Yorke* He is a civil, honest mao as ever I
saw in my Jife, or ever knew of ; and I never
heard other wiiie from any one that knew him.
air B. Shoa-er, Wbal was he in his actions?
Was hemahciouSf org^ood-natured i*
Yorke. As ^od a natured man as ever f saw.
Mr. Moinpesmm. Hik^i he the reputuiiuu of a
erueU bloody-minded man?
Yorke. Uuile the contrary. He lodged in
my bouse half a year ; it is not quite u ye>ir a|Jpo
since he Jay at my hou94.'« He was the most
obliging man that ever hy in my house. He
was iO civil to m)I the lodgers, \hsit they ad-
mired him for bii^i goodness, and made Ihem in
lore with him<
X. C, J. How came he to lodge at your
bouse ?
Yorke. He came from his other laadlmly j
Uiey could not agree ; his other lanillady was
a sjort of a kIitl-Wj and tli€rth>i'i' lie dii) not cure
for atajinj^ there ; and I dt»ircd his comjianyt
becHUiie I knew liim to be so obliging and ci\ ii
a man.
i. C. J. Where is your bouse T
Yorke. In Bioomshury.
X, C. X What in his way of liiriwg ? la he a
man of an estate ?
Yorke. I cannot tell ; I did not enquire into
tbftt.
L* C, J* Had he no employment to get his
living by f
' Yorke. I ih not know any tliing of that ; I
never enciuired into it ; he paid me very ho-
nestly fiir mv lod|^ii);f, and he is a very good
tuaOf for any thin;; I know.
8ir B. Shooter. Then call Mr^. Mosely. [She
came in, and was sworn.]
L. C.J. Well, what do you ask ibis gentle-
woman?
Sir B Shau'cr. Pray, Mrs. Mosely » will you
toll my lord nod llie jury, do vou know Jilr.
Lowick ? — AIohI^. Yes, Sir, 1 do.
Itjir B. Shower. How long have you known
lum?*-«J£ofc/y* Near twenty years.
J Trial ofRoigft Lowid,
0
Sir B. ShoTitr* Pray give an account, u,
your knowledge, wh.it disposition aad teiu^^
he is of, whether he is rash, tualicious, bloody,
and ill-natured.
Mo$eh/. He is a peaceable, tirtuous,
rnan, and a n^an that I never heard or saw tl
creature thftt could speak any ill thing of hi
in my life ; nor 1 never heard him spt^
thing irmliL'ionsly of any creature in my "
di> iJiL'ui a prejudice : so far from that^
is a man has a character, perhaps, abo
man that 1 could speak or bear of in my Iif«
tipeak it even above my own relatimis ;
may have Nome pas2iions ; but I never
gentleman m a passion in my life,
lain in my house several times, and h*r has
company come to hiro, but